LAWS(HPH)-2023-10-32

BHUPINDER SINGH Vs. YASHWANT SINGH

Decided On October 10, 2023
BHUPINDER SINGH Appellant
V/S
YASHWANT SINGH Respondents

JUDGEMENT

(1.) This is plaintiff's second appeal under Sec. 100 of the Code of Civil Procedure against the dismissal of his suit by the trial Court as also the First Appellate Court.

(2.) Plaintiff and defendants are real brothers. Plaintiff filed a suit before learned trial court bearing Civil Suit No. 7-1 of 2015 on the premise that the suit land comprised in khata khatauni No. 53/112, Khasra No.154, measuring 0/3/79 hectares situated in Chak Thana, Tehsil Jubbal, District Shimla, Whether reporters of the local papers may be allowed to see the judgment? H.P., was having an ancestral house of the parties, which as per the family settlement has been in their possession as per separate respective shares. The passage for entry and exit to respective portions of the parties was common through the veranda of the defendant. It was alleged that on 6/12/2014, the defendant tried to obstruct the common passage and his attempt was thwarted. Plaintiff expressed the apprehension of being under constant threat of being divested from the common passage. He alleged that the defendant had been threatening to construct a room in the veranda used as a common passage.

(3.) Reliefs as prayed by the plaintiff in the suit read as under: -