JAG RAM Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE present petition has been filed by the petitioner-plaintiff challenging the order dated 29.1.2008, passed by the Additional District Judge Kishangarh Bas,district Alwar (hereinafter referred to as "the appellate court "), in the Appeal being No. 5/08, as also the order dated 22.1.2008 passed by Civil Judge(Jr. Div.), Kishangarhbas (hereinafter referred to as "the trial court "), in Civil Misc. Application NO. 5/08, rejecting the application of the petitioner for temporary injunction.

(2.) IN the instant case, it appears that the petitioner-plaintiff has filed the suit before the trial court for permanent injunction restraining the respondents nos.3 to 9 (original defendants) in- respect of his property situated at village Slakhar, Tehsil Kotkasim. It has been alleged in the plaint interalia that the property of the defendants was situated on the northern side of the plaintiff's property after leaving a nine feet wide lane, which was commonly used by the parties and that there was a boundary wall with a gate opening on the said lane, on the northern side of the plaintiff's property. It has been further alleged that the defendants were trying to remove the said wall and close the said gate of the plaintiff, and hence the suit for permanent injunction was filed for restraining the respondents-defendants from removing the said wall or closing the said gate and from creating any way through the plaintiff's property, and also from causing any obstruction to the plaintiff in using the said common lane on the northern side of his property. The said suit has been resisted by the respondents-defendants by filing the written statement denying the allegations and averments made in the plaint, and further contending interalia that there was a 12 feet wide lane on the northern side of the plaintiff's property and that the plaintiff had made encroachment on the 3 feet of the said lane and also on the 6 feet of the land situated on the eastern side of his property. The respondents have also made a counter claim for the removal of such alleged encroachments made by the plaintiff,and prayed for the dismissal of the suit.