KHATUN Vs. BARKHAAT KHAN, LEGAL REPRESENTATIVES

JUDGEMENT

(1.) This S.B. Civil second appeal has been filed by the appellant Smt .Khatun against the legal representatives of Barakat Khan and Yusuf Ramzani and Sabu being aggrieved by the judgment and decree of the learned Addl.District Judge (Fast Track) No.1 Pali, Hqrs. Jaitaran dated 25.10.2010 by which the learned Addl.District Judge (Fast Track) No.1 Pali, Hqrs. Jaitaran, dismissed the appeal of the present appellant bearing No.03/2008 and affirmed the judgment passed by the learned Civil Judge ( Sr.Divn.) Jaitaran, Dist. Pali in Civil Original Case No.144/2001 (331/96) (15/1991) by which the learned trial court dismissed the suit of the present appellant which was filed for permanent injunction as well as mandatory injunction to restrain the defendant respondent to open the door on the land of the plaintiff appellant.

(2.) For deciding the second appeal the necessary facts which are relevant for consideration are that the plaintiff appellant filed a suit in the court of Civil Judge (Sr.Divn.), Jaitaran against the defendant for permanent prohibitory and mandatory injunction to restrain the defendants from opening the door in the land situated between the house of the plaintiff and the defendant and further he filed an amended suit on 19.03.2002 praying for mandatory injunction. The defendants filed the written statement denying the fact of the ownership of the land on which the gate was opened by the defendant respondents.

(3.) On the basis of the pleadings of the parties, issues were framed regarding the ownership of the property in which the gate was opened and right of the appellant to get that gate closed and further regrading the right of the appellant to use that property exclusively. The learned trial court, after hearing both the parties and appreciating the evidence of all the witnesses produced by both the parties, decided issue No.1 and 2 against the plaintiff appellant, against which the appeal was filed in the court of learned Addl.District Judge ( Fast Track) No.1. Pali, Hqrs. Jaitaran which was dismissed by the impugned order, against which this appeal has been preferred.