MOHD. RASHID Vs. GULSHER

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and decree, rendered on 13.6.2002, in Civil Appeal No. 99 -CA/13 of 2001, by the learned District Judge, Sirmaur at Nahan, H.P., whereby, the learned First Appellate Court while allowing the appeal, preferred by the appellants/respondents, set aside the judgment and decree, rendered by the trial Court on 14.9.2001.

(2.) BRIEF facts of the case are that the plaintiffs/appellants have filed a suit for permanent injunction restraining the defendants/respondents from raising any construction in any manner over and upon their land comprised in Khata Khatauni No. 499 min/665, Khasra No. 73 min measuring 1 -0 bigha situated in Mauza Devi Nagar, Paonta Sahib, District Sirmaur. It is alleged that there is a path in the aforesaid land and the respondents/defendants have no right title or interest in this land. It is also alleged that the defendants/respondents are trying to raise the construction on the path aforesaid and are not ready to stop the construction despite repeated requests.

(3.) THE plaintiffs/appellants did not choose to file the replication to the written statement of the defendant/respondent.