JAAFAR Vs. RAISUDDIN

JUDGEMENT

(1.) Appellant-plaintiffs (hereafter referred to 'plaintiffs') have filed this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 11/12/2014 passed in civil first appeal No.56/2008 by the Additional District and Sessions Judge No.2, Jaipur Metropolitan City, Jaipur whereby and whereunder dismissing the appeal affirming the judgment and decree dtd. 11/5/2002 passed in civil suit No.80/87 by the Additional Civil Judge (Junior Division) No.1, Jaipur City, Jaipur whereby and whereunder plaintiffs' suit for prohibitory and mandatory injunction has been dismissed on merits.

(2.) Heard learned counsel for appellants and perused impugned judgments and record.

(3.) This is not in dispute between parties that the property, House No.4054 situated at Chowkdi Ramchandraji, Jaganath Shah Ka Rasta, Mohalla Chitewalan, Jaipur, was belonging to Azim Baksh and the same was partitioned between his successors Aladeen and Mst. Bismillah. The decree for partition dtd. 4/10/1948 in suit No.180/2000 has attained finality. Plaintiffs are successors of Aladeen and defendants are successors of Mst. Bismillah. Plaintiffs claimed that on the common chowk, defendants have raised construction of walls ABCD and narrowed down the gallery (raus). Plaintiffs alleged that defendants have raised construction of wall ABCD and one room including common gallery (raus) and the same is government land. Plaintiffs further claimed that defendants are inclined to raise encroachment over the common chowk, gallery (raus) and toiletes, therefore civil suit for prohibitory and mandatory injunction was filed.