ROMESH CHANDER AND ORS. Vs. GH. MEHDI

JUDGEMENT

(1.) Impugned is the order dated 16th of October, 2012 passed by the learned Sub Judge, Poonch in terms whereof application for withdrawal of the suit has been allowed with permission to file fresh. Respondent-Ghulam Mehdi has filed suit captioned Ghulam Mehdi v. Romesh Chander and another in the court of learned District Judge, Poonch, which has been assigned to the court of learned Sub Judge, Poonch for disposal.

(2.) In the suit, Ghulam Mehdi (hereinafter referred to as plaintiff) had sought permanent injunction so as to command petitioners (hereinafter referred to as defendants) to construct the shop after leaving a gap of 3 ft. from the plinth of the house of the respondent (plaintiff) and not to do the excavation of 2 ft. deep. Furthermore, defendants be asked that the slope of the roof shall not be kept towards the house of the plaintiff and also while constructing the second floor of the house, no door, window shall be kept on the side of the plaintiff so as to avoid disturbance to his easementary rights.

(3.) Based on the pleadings, trial court has framed the following issues: