RAMESH KUMAR Vs. KHUSHAL CHAND & ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned P.O. Fast Track Court, Mandi, H.P., dated 1.1.2005, passed in Civil Appeal No. 115/99, 44/2004 and dismissal of cross objection No. 1 of 2004 preferred by the appellant.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff), has instituted a suit for permanent prohibitory and mandatory injunction against the respondents-defendants (hereinafter referred to as the defendants). Key facts are that the plaintiff possesses the suit land to the extent of half share denoted by Kh. No. 1301 situated in Muhal Bhojpur. The houses of the parties are situated adjacent to Kh. No. 1301. A path passes through Kh. No. 1301. A civil suit was instituted by the plaintiff against the defendants, which was decreed by way of compromise on 24.11.1986. It was agreed upon inter se the parties that they would divide path in Kh. No. 1301.

(3.) The suit was contested by the defendants by filing written statement. According to the defendants, the path in question stands divided inter se the parties as per the terms of the compromise deed. The plaintiff has also occupied his share on the spot and the remaining portion is being occupied by the defendants. It was denied that the path in question was being obstructed. It was also disputed that the construction was being raised on the path in question.