PREM SINGH Vs. GAUTAM

JUDGEMENT

(1.) This writ petition has been filed by the petitioners/defendants aggrieved against the orders dtd. 20/10/2022 (Annex.7) and 2/11/2022 (Annex.9) whereby the trial court has passed mandatory injunction directing the defendants to remove the wall in question.

(2.) The suit was filed by the respondent No.1/plaintiff seeking permanent and mandatory injunction in relation to construction raised by the petitioners. It was, inter-alia, prayed that the petitioners/defendants be directed to remove the wall marked as 'E' to 'F' and the way being used by the plaintiff, be reopened. It was, inter-alia, indicated in the suit that the defendants have raised construction over the way in question, which pertain to the plaintiff's property.

(3.) The petitioners/defendants filed response, inter-alia, seeking to contend that the plaintiff has encroached the land and, therefore, he was not entitled to seek any relief.