PRADEEP SOOD Vs. SUMAN KUMARI

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioners have challenged order dtd. 11/5/2017, passed by the Court of learned Senior Civil Judge, Theog, District Shimla in CMA No. 84-6 of 2015, Civil Suit No. 190/1 of 2015, vide which, an application filed by the respondent under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure stands allowed by the learned Trial Court whereby petitioners have been restrained from causing any kind of obstruction or blocking the path as is existing over the land comprised in Khasra No. 484, 485 and 496 till the Whether the reporters of the local papers may be allowed to see the Judgment final disposal of the suit, as also order dtd. 12/12/2017, passed by the Court of learned Additional District Judge (CBI), Shimla, Camp at Theog in Civil Misc. Appeal No. 6-T/14 of 2017, vide which the appeal filed by the petitioners against the order passed by the learned Trial Court has been dismissed.

(2.) Brief facts necessary for the adjudication of this petition are as under: Respondent-plaintiff has filed a suit for perpetual and mandatory injunction against the petitioners/defendants, which is pending adjudication in the Court of learned Senior Civil Judge, Theog, District Shimla. Case of the respondent-plaintiff, in brief, is that the suit land was owned by one Sat Prakash, upon which house was also constructed. There is one common path, which leads from Kotkhai Bazaar to the aforesaid land and house. Path exists since time immemorial and was being used by Sat Prakash and his predecessors and other inhabitants. The suit land was sold by Sat Prakash alongwith house thereupon on 12/12/2014 vide registered sale deed to the plaintiff and mutation to this effect also stood entered in favour of the plaintiff. Defendants, i.e., the present petitioners, who are brothers of Sat Prakash, have erected an iron gate with iron door over the aforesaid path on the boundary line of Khasra Nos. 485 and 486 and have locked the door of the gate, as a result of which, it has become difficult for the plaintiff and her family members to have excess to their house as also the land purchased. As per the plaintiff, in the demarcation which was carried out, it was found that defendants had blocked the path by erecting the gate just in the middle of Khasra Nos. 485 & 486. As despite her requests, defendants did not remove the obstruction, therefore, the suit was filed inter alia, with the prayer that the defendants be restrained permanently not to obstruct the path passing through Khasra Nos. 484, 485 and 486. Alongwith the suit, an application under Order 39 Rules 1 and 2, as already mentioned above, was also filed, which was opposed by the present petitioners. Learned Trial Court vide order dtd. 11/5/2017 allowed the application in the following terms:

(3.) Feeling aggrieved, the petitioners have filed this petition.