GEETA DAYAL Vs. ANUPAM

JUDGEMENT

(1.) Plaintiff is aggrieved by the dismissal of an application moved by her under Order 39 Rules 1 and 2 of Code of Civil Procedure. The order passed by learned Trial Court on 1/10/2018 dismissing the application has been affirmed by the learned Additional District Judge on 31/10/2019. Parties hereinafter are referred to as they were before the learned trial court.

(2.) Suit for permanent prohibitory injunction and alternatively for mandatory injunction was filed by the plaintiff. The plaintiff asserted that she is owner in possession of land comprised in khata/khatauni No. 56/175, khasra No. 1685/203, measuring 297 Sq. Meters situated in mauza Thodo Solan, Tehsil and District Solan. Jamabandi for the year 2011-12 was enclosed alongwith the plaint. It was stated that over this khasra number, the plaintiff had constructed a residential building, possession of which she is enjoying alongwith the easementary right for the last more than 50 years. Plaintiff also pleaded that defendant No. 1 was owner of adjoining land comprised in khata/khatauni No. 546/819, khasra No. 2013, measuring 48 square meters situated in mauza Thodo, Tehsil and District Solan. Plaintiff further submitted that on the land owned by defendant No. 1 there existed one old structure of the defendant, which was demolished by the defendant. Grievance of the plaintiff was that defendant No. 1 after demolishing of his old structure was trying to construct a new structure without leaving any set back in violation of Municipal bye laws and also without getting the map sanctioned from the Municipal Council, Solan-defendant No. 3. Plaintiff complained that raising of such construction would block plaintiff's easementary right of light and air. Alongwith plaint, application under Order 39 Rules 1 & 2 of the Code of Civil Procedure was moved for grant of ad-interim injunction against defendants No. 1 and 2.

(3.) Aggrieved against concurrent dismissal of her application under Order 39 Rules 1 and 2 CPC by the two learned courts below, the plaintiff is now taking a third chance by way of instant petition moved under Article 227 of Constitution of India.