AVTAR SINGH AND ANOTHER Vs. NEEL KAMAL

JUDGEMENT

(1.) The petitioners, aggrieved by the rejection of their application for appointment of the Local Commissioner by the trial Court, have filed the instant revision petition.

(2.) The facts as are necessary for the adjudication of the present petition are that the petitioners/plaintiffs (hereinafter referred to as the plaintiffs) filed a suit for permanent injunction praying therein that the respondent/defendant (hereinafter referred to as the defendant) be restrained from creating any kind of hindrance, blocking the passage by raising any sort of construction over the land as detailed in the plaint. In the alternative, a decree for mandatory injunction directing the defendant to restore the suit land to its original position by demolishing any kind of structure that may be raised by the defendant illegally and forcibly during the pendency of the suit was also prayed for.

(3.) The defendant contested the suit by raising preliminary objections regarding maintainability, locus standi and estoppel. On merits, it was claimed that the defendant had never threatened to raise any blockage of the passage in question and, therefore, the suit should be dismissed.