VIJAY KUMAR Vs. SAHIB SINGH

JUDGEMENT

(1.) The petitioner was the plaintiff before the learned Trial Court. His application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) was allowed by the learned Trial Court on 17/6/2022. The respondents/ defendants were restrained from interfering with the ownership and possession in any manner of the petitioner/ plaintiff by creating and making path by way of encroachment in the suit land. The appeal carried out by the respondents/defendants was allowed by the learned First Appellate Court on 30/12/2022. The order passed by the learned Trial Court was set aside. Resultantly, the application moved under Order 39 Rules 1 and 2 CPC was dismissed. Aggrieved against the dismissal of his application under Order 39 Rules 1 and 2 CPC, the plaintiff has invoked the jurisdiction of this Court under Article 227 of the Constitution of India.

(2.) Heard learned counsel on both sides and considered the case record.

(3.) Following factual position comes out from the case file:-