RAMESH CHAND Vs. TRILOK CHAND

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 13.01.2014 passed by the learned Additional District Judge -III, Kangra at Dharamshala, Camp at Baijnath, in Civil Misc. Appeal No. 32 -B/XIV/13/08, whereby he dismissed the appeal preferred by the petitioners/appellants and affirmed the order dated 14.11.2008 passed by the learned Civil Judge (Senior Division), Baijnath, in CMA No. 103/2008 under Order 39 Rules 1 and 2 CPC.

(2.) RESPONDENT herein has filed a suit for mandatory and permanent prohibitory injunction against the petitioners herein in which an application under Order 39 Rules 1 and 2 read with Section 151 CPC was filed and prayed for issuance of ad interim mandatory injunction against the petitioners directing them to remove the lock unauthorizedly and illegally put on the gate of respondent in land comprising Khata No. 315min, Khatauni No. 612, Khasra No. 1834, situate in Mohal Dharehrr, Mauza Deol, Tehsil Baijnath, District Kangra, whereby the passage 'IJKL' shown in site plan passing through the land comprising Khata No. 315 min, Khasra Nos. 1834, 1838 and 1839, has been permanently blocked. It is averred that the petitioners be restrained from creating any sort of obstacle/obstruction in the use of said passage leading from main Baijnath -Phatahar Road to the land and house of the respondent situate in Khasra No. 1836 and 1838 of Khata No. 315 min. The land comprising Khasra No. 1836 measuring 0 -41 -68 hectares is exclusively owned and possessed by the respondent as the same has been purchased from Bishan Dass, son of Kunda Ram vide registered sale deed dated 02.02.1996. The respondent is a co -owner in possession to the extent of 280/3472 share of the land comprising Khata No. 315, Khatauni No. 614, Khasra No. 1838 measuring 0 -37 -72 hectares i.e. 0 -02 -80 hectares, situate in Mohal Dharehrr, Mauza Deol, Tehsil Baijnath, District Kangra. The said land has been purchased vide sale deed dated 13.01.2004. The land comprising Khata No. 315, Khatauni No. 640, Khasra No. 1835 measuring 0 -05 -00 hectares described as 'Gair Mumkin Kuhal' is recorded in the column of possession as 'Aabpash -Kunindgaan'. There was existing one metre wide passage abutting the said 'kuhal' on its southern side and the same was in use of the respondent, his predecessor -in -interest and other right holders since the time of their forefathers.

(3.) THE petitioners in order to cause inconvenience and harassment to the respondent and his family members illegally put their lock on the main gate G1 on 24.07.2008 thereby depriving them from its use. The respondent purchased a car in the year 2005 and the same was in use of the said passage but now the same is lying stranded in his courtyard. The respondent and his family members now have to cross a four feet high retaining wall abutting the said gate in order to have access to their house and road. The said act of putting lock on the gate is illegal and unlawful on the part of the petitioners an d the respondent requested the petitioners to remove the same but in vain, hence this application was filed.