GOURI-D-BAJJU Vs. DY. COMMISSIONER

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge dated 24-08-2011 passed in OWP No. 1399/2010. The brief facts which are required to be stated are that, the appellant filed a suit for mandatory injunction as against certain persons, namely, the defendants to remove Crates and Plantation in order to open 25 feet road towards Southern side of the land belonging to the appellant and 20 feet Nallah. The said suit was decreed by the learned Subordinate Judge, Jammu on 24-09-2009 against the defendants, commanding the defendants, by way of mandatory injunction, to remove stone crates and plantation thereby opening 25 ft. road towards southern side of the land belonging to the appellant and 20 ft. nallah which was kept for general public by the defendant Nos. 1 to 7 therein as owners of khasra Nos. 01 min, 17 min, 18 min of village Raipur Domana, Jammu while selling those lands themselves or through their legal heirs, successors and connected persons. The defendants were further directed to through the public road, which was earmarked by the defendants which has to go straight way upto the house of a police Constable Opposite Tulsi Public School and take a U turn through his plot to join road leading to Jammu-Poonch National Highway.

(2.) The Trial Court also made it clear that the decree should be binding between the parties and was subject to any existing legal provision.

(3.) The appellant approached the Deputy Commissioner, Jammu for the execution of decree by his letter dated 17-04-2010. The Dy. Commissioner, Jammu directed the Tehsildar, Jammu to visit the spot for resolving the issue. The Tehsildar, Jammu in turn directed the Naib Tehsildar as directed by the Deputy Commissioner, Jammu.