DANDU RAM Vs. KRISHAN CHAND

JUDGEMENT

(1.) By way of instant petition, petitioners have assailed order dtd. 28/9/2022, passed by the learned Civil Judge, Court No.3, Ghumarwin, District Bilaspur in CMA No. 587-6/2022 in Civil Suit No. 27-1/2022.

(2.) Brief background of the case is that the petitioners and respondents herein are defendants and plaintiffs respectively in Civil Suit No. 27-1/2022, pending before the learned Civil Judge, Ghumarwin. For the sake of convenience, the parties hereinafter shall be referred to by the same status as they hold in the main suit.

(3.) Plaintiffs have sought a decree of declaration to the effect that they are entitled to get their half share partitioned from the defendants in the suit land, which in totality measures 13 bighas situated in Village Panyala, Tehsil Ghumarwin, District Bilaspur (hereinafter referred to as 'the suit land'). In addition, a decree of permanent prohibitory injunction has also been prayed for by restraining the defendants from raising construction of any kind over any part of the suit land and particularly from installing gate over the road which leads from the house of the plaintiffs to the main road through courtyard of defendants. In alternative, decree for mandatory injunction has been prayed for, seeking directions against the defendants to remove the obstruction or gate if installed on the aforesaid road.