RAGHUNATH PRASAD Vs. BABU LAL

JUDGEMENT

(1.) Appellant-plaintiff has preferred this second appeal under Sec. 100 of CPC, feeling aggrieved by the judgment and decree dtd. 12/4/2007 passed in civil regular appeal No.58/2005 by Additional District Judge, No.2, Sikar whereby and whereunder the decree for permanent injunction passed by the Additional Civil Judge (Jr.D.) No.2, Sikar in civil suit No.168/2003 (174/98) vide judgment and decree dtd. 18/10/2004 in respect of 'gallery' in question at first floor has been quashed and set aside and while dismissing the counter claim of respondent-defendants, the civil suit for permanent injunction filed by the appellant-plaintiff has also been dismissed.

(2.) Heard learned counsel for both parties, perused the impugned judgments and record.

(3.) It is not in dispute that both parties are neighbours and the gallery situated at ground floor is of common use by both parties as also by other persons. The dispute between the parties is only in respect of gallery situated at first floor, which is above to the gallery situated at ground floor. Plaintiff claimed his absolute ownership and use for the gallery at first floor, whereas defendants alleged that the gallery at first floor is also of common use by both parties.