BALDEV SINGH AND ANR. Vs. SAROJ DEVI

JUDGEMENT

(1.) IN this petition, filed under Article 227 of the Constitution of India, plaintiffs -petitioners (hereinafter referred to as the plaintiffs) have assailed order dated 17.4.2013, passed by Additional District Judge, Una, in Civil Misc. Appeal No. 18 of 2012, titled as Baldev Singh and another versus Saroj Devi, affirming the order dated 8.11.2012, passed by Civil Judge (Junior Division), Court No. 1, Amb, District Una, in C.M.A. No. 120 -VI/12 in CS No. 82 -1/12, titled as Baldev Singh and another versus Saroj Devi, in petitioner's application filed under the provisions of Order 39 Rules 1 & 2 of the Code of Civil Procedure. Having heard learned counsel for the petitioner, I am of the considered view that no ground for interference is made out at all. There is neither any illegality/perversity nor any error apparent on the face of record, resulting into travesty of justice.

(2.) PLAINTIFFS claim right of passage through Khasra No. 298. This right is claimed by way of easement. When defendant (respondent herein) allegedly obstructed free access of passage, plaintiffs filed suit for declaration that they are the rightful users over the passage and as such defendant be restrained from obstructing the same and also raise construction thereupon.

(3.) DEFENDANTS opposed the application, inter alia, on the ground that plaintiffs have an alternate approach to their land and Abadi through Khasra No. 300/1 from the link road.