NIRANJAN SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 24.12.2015, passed by learned District Judge, Una in Civil appeal No.191 of 2014 whereby though the appeal preferred by the respondent, hereinafter referred to as the defendant, has been dismissed and the judgment and decree passed by learned trial Court in Civil Suit No. 125/2014 (RBT 278/14/13, affirmed, however, with liberty reserved to the defendant to do plastering and flooring work and also fixing the doors in the construction he raised over the suit land denoted by letters A, B, C, D, E, F, G and H to Ex.C-A, part of the record of Civil Misc. Application under Order 39 Rules 1 and 2 CPC, which was filed along with the suit.

(2.) The appeal though has been dismissed against the respondent-defendant and in favour of the appellant-plaintiff, however, the appellant-plaintiff, is aggrieved by that part of the impugned judgment, which reserved liberty in favour of the defendant to do work of plastering, fixing of doors and laying floors in the already existing construction over the suit land. He, therefore, has questioned the legality and validity of that part of the judgment before this Court on various grounds.

(3.) On the joint request made by the parties on both sides, the appeal has been taken up for admissionhearing today itself.