RAMA Vs. MEGHA

JUDGEMENT

(1.) The instant revision has been filed against the order dated 14-3-2002 passed by the First Appellate Court reversing the order dated 19-12-2001 passed by the trial Court rejecting the application of the non-petitioner No. 1 under O. 39, Rr. 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, "the Code"), restraining the petitioner to interfere with the easementary right of way of the non-petitioner.

(2.) The facts and circumstances giving rise to this case are that petitioner and non-petitioner No. 1 are real brothers and were in joint possession of the entire agricultural holding till 22-9-84 when it was partitioned by registered partition deed. The suit was filed for claiming easementary rights of way. Along with the suit, an application under O. 39, Rr. 1 and 2 of the Code was filed for grant of temporary injunction. The trial Court rejected the said application, vide order under 19-12-2001. Being aggrieved and dissatisfied, non-petitioner No. 1 filed Civil Misc. Appeal No. 77/2001, which has been allowed vide impugned order dated 14-3-2002. Hence this revision.

(3.) Mr. A. L. Chopra, learned counsel for petitioner, has submitted that as an alternative way/passage is available to non-petitioner No. 1, he cannot insist upon the easementary rights as per his own choice, therefore, the order of the First Appellate Court is liable to be set aside.