MEWA RAM Vs. ACHLA RAM

JUDGEMENT

(1.) THE present second appeal has been filed by the appellant � plaintiff against the judgment and decree dtd.9.2.20112 passed by the learned Additional Dist. Judge No.3, Jodhpur in Civil Appeal No.66/2007 whereby the learned Additional Dist. Judge dismissed the appeal and affirmed the judgment and decree dtd.11.9.2007 passed by the learned Civil Judge (J.D.), Jodhpur in Civil Original Suit No.41/2003 � Mewa Ram v/s Achla Ram whereby the whereby the learned trial Court partly decreed the suit for permanent and mandatory injunction.

(2.) AGAINST the concurrent decree of the courts below partly decreeing the suit of the plaintiff � appellant, but refused to grant mandatory injunction, the plaintiff appellant has approached this Court by way of present second appeal.

(3.) UPON Court question, the learned counsel for the appellant Mr. Hedau submitted that the defendant does not live in adjacent house or anywhere near the said suit premises of the plaintiff. The suit itself was filed by the plaintiff against the private defendants Achla Ram and Bagta Ram without impleading Panchayat Samiti or Gram Panchayat which has control over the said construction on the public place.