YUVRAJ MOHAN AZAD Vs. GOVERDHAN SINGH

JUDGEMENT

(1.) Aggrieved by the impugned order dtd. 16/5/2019 rendered by the learned first appellate court, whereby it has ordered wholesale remand of the matter after setting aside the judgment and decree passed by the learned trial court, the plaintiff/appellant has filed the instant appeal.

(2.) The plaintiff filed a suit for possession and permanent prohibitory injunction against the defendant/respondent on the allegations that he is owner in possession of the land comprised in Khasra No. 415/3, measuring 3- 01-56 hectares, situated in Mohal Shiv Nagar, Tehsil and District Shimla and the defendant is owner of the adjoining land comprised in Khasra No. 415/2.

(3.) As regards building plan of the appellant, the same was approved by the Special Area Development Authority on 21/7/2005, whereas that of the respondent was approved later on 8/8/2006. It was alleged that in the month of February 2006, which was one day before the date fixed for demarcation, the defendant in absence of the plaintiff encroached upon the suit land by constructing the boundary wall and thereby covered the set-back area of the plaintiff mentioned at points A, B and C in the map. Hence, the suit.