KULDEEP SINGH Vs. HOSHIAR SINGH

JUDGEMENT

(1.) Aggrieved against order dtd. 6/1/2024 passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P. in Civil Miscellaneous Appeal No.77-14 of 2023, the instant petition has been filed by the petitioner.

(2.) The petitioner is plaintiff in Civil Suit No.17/01 of 2023 pending on the files of learned Senior Civil Judge, Ghumarwin, District Bilaspur, H.P. The respondent is the defendant in the said suit. The parties hereinafter shall be referred to by the same status as they hold before learned Trial Court.

(3.) The plaintiff has prayed for a decree of declaration to the effect that he has a right of path by way of easement of necessity through the land comprised in Khata/Khatauni No.75/84, Khasra No.445 measuring 16-2 bighas situated in Village Ghandalwin Pargana, Ajmerpur, Tehsil Ghumarwin, District Bilaspur, H.P. (for short the suit land). A decree for permanent prohibitory injunction has also been sought to restraint the defendant from causing any interference in the suit land by digging, raising construction, changing the nature and by blocking the existing path. In alternative, a prayer has also been made for restoration of the existing path in the suit land, in case the same was disturbed during the pendency of the suit.