BANSI LAL Vs. HANS RAJ

JUDGEMENT

(1.) The petitioner has challenged order dtd. 22/2/2023 passed by the learned 2nd Additional Munsiff, Jammu (hereinafter to be referred as 'the trial court'), whereby in a suit for permanent prohibitory injunction filed by him against the respondents, the learned trial court has dismissed the application of the petitioner for grant of temporary injunction. Challenge has also been thrown to order dtd. 15/9/2023 passed by the learned Principal District Judge, Jammu (hereinafter to be referred as 'the appellate court'), whereby appeal filed against the aforesaid order passed by the trial court, has been dismissed.

(2.) It appears that the petitioner/plaintiff has filed a suit for permanent prohibitory injunction restraining the respondents/defendants from dealing in any manner or interfering in his possession over the land measuring 1 kanal 8 - marlas, comprised in khasra No. 427, situated at Barnai Jammu, which according to the plaintiff, is underneath his residential house, kitchen garden and compound. Alongwith the suit, the plaintiff also filed an application for grant of temporary injunction.

(3.) As per case of the plaintiff, he is owner in possession of land measuring 1 kanal 8 - marlas falling under khasra No.427, situated at Barnai Jammu, as the same has devolved upon him from his ancestors. It has been pleaded by the plaintiff that his residential house is situated on the aforesaid land and there is a kitchen garden and compound appurtenant to the said house. There is a road alongside the suit property measuring 136"-9' X 12"-2', which belongs to the plaintiff but the same has been left for passage to the land of the defendants, who have otherwise no access. It has also been pleaded that the plaintiff is in settled possession of the land in question for the last three decades and the defendants have no right, title or interest in the said land.