ASHWANI KUMAR Vs. LACHI RAM

JUDGEMENT

(1.) This revision petition under S. 115 of the Code of Civil Procedure is directed against the order dated 5-7-2001 passed by the learned District Judge, Sirmaur at Nahan in Civil Miscellaneous Appeal No. 8-CMA/14 of 2001 thereby affirming the order dated 14-2-2001 passed by the learned Sub Judge, I-Class (I), Paonta Sahib whereby an interim restraint order and temporary mandatory injunction have been passed in favour of the respondents.

(2.) Brief facts leading to the presentation of this petition are that the respondents/ plaintiffs (hereafter referred to as 'the plaintiffs') instituted a suit against the petitioners/defendants (hereafter referred to as 'the defendants') for declaration that the plaintiffs are entitled to use eleven feet wide path existing in Khasra No. 61, Khata Khatauni No. 78 min/140 min, situate in village Amarkot, Tehsil Paonta Sahib for ingress to and outgress from their house built on Khasra No. 61 and for taking water from a well situate near the houses of the plaintiffs and the defendants by way of easementary right with consequential relief of permanent prohibitory injunction restraining the defendants from causing any obstruction in the said path. The case of the plaintiffs, as made out in the plaint, is that the said path has been in their use since last three generations for more than 200 years as a matter of right and the defendants have no right to obstruct the same. However, the defendants threatened to close the path completely and started stacking stones, vehicles, tractors etc. on the path so that the plaintiffs could not pass through it. Hence, the suit.

(3.) Along with the suit an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure was also moved by the plaintiffs praying for grant of temporary injunction restraining the defendants from causing any obstruction in the path in suit.