RAM DASS Vs. JAI RAM

JUDGEMENT

(1.) The plaintiff instituted a Civil Suit bearing No. 288/1 of 04/01 before the learned Civil Judge (Junior Division), Court No.2, Ghumarwin, District Bilaspur, H.P. In the afore Civil suit, the plaintiff, claimed the making of a decree of permanent prohibitory injunction, and, of possession against the defendant(s), and, vis-a-vis, the suit khasra numbers. The learned trial Court, through its verdict made thereon, on 19/11/2007, granted the espoused decree to the plaintiff.

(2.) The aggrieved defendant, preferred thereagainst an appeal, bearing Civil Appeal No. 3/13 of 2008, before the learned First Appellate Court. The learned First Appellate Court, through its verdict made on 14/7/2008, upon, the afore Civil Appeal, after partly reversing the judgment, and, decree as became impugned before it, declined to the plaintiff, the decree of mandatory injunction through demolition of the wall constructed by the defendant hence purportedly over the suit land. However, the learned first appellate Court affirmed the according by the learned trial Court of the relief of permanent prohibitory injunction, vis-a-vis, the plaintiff, and, against the defendant qua the suit khasra number(s) concerned.

(3.) The plaintiff Ram Dass being aggrieved, from the afore made verdict by the learned first appellate court, is led to constitute thereagainst the extant appeal before this Court.