SONU KANWAR Vs. VIKRAM KUMAR

JUDGEMENT

(1.) The present civil second appeal has been preferred under Sec. 100 of the Code of Civil Procedure, 1908 by the legal representatives of original defendant No. 1 .. Arjun Singh (appellants herein) against impugned Judgment and Decree dtd. 8/4/2021 passed by the Additional District Judge, Bali, District Pali in Civil Appeal Decree No. 33/2010 titled as "LR's of Arjun Singh Vs. Vikram Kumar and ors." vide which first appeal preferred by the appellants against the Judgment and Decree dtd. 28/5/2010 passed by the Civil Judge (Senior Division), Bali, District Pali in Civil Original Suit No. 09/2003 titled as "Vikram Kumar and anr. Vs. Arjun Singh and anr." decreeing the suit for injunction filed by the plaintiffs (respondent Nos. 1 and 2 herein), was dismissed.

(2.) The facts of the case in brief are that the plaintiffs .. Vikram Kumar and Vinod Kumar (respondent Nos. 1 and 2 herein) filed a civil suit seeking prohibitory and mandatory injunction against the original defendant No. 1 .. Arjun Singh and Vikram Kumar s/o Kanhaiya Lal, to the effect that plaintiffs had purchased a piece of land on 19/2/2001. The plaintiffs constructed the shop on the aforesaid land purchased by them and started business of cement and grains. In the northern side of the above land, defendants constructed cabins while encroaching upon the land of the Gram Panchayat. On account of which, obstruction was caused to the plaintiffs in their approach towards the way situated in North of the land of the plaintiffs. The plaintiffs and the Gram Panchayat tried their best to remove encroachment made by defendants on the said land but of no avail.

(3.) In the written statement, the defendants averred that they were running tea stall for last 25 years. The ..paan.. stall was also running for last more than 20 years. They could be evicted only after filing the suit for eviction. They also averred that the land belonged to the Gram Panchayat. After framing issues and recording the evidence, suit was decreed by the trial court. Aggrieved with the judgment and decree of the trial court, legal representatives of the original defendant No. 1 .. Arjun Singh filed the first appeal under Sec. 96 of C.P.C., which was also dismissed vide Judgment and Decree dtd. 8/4/2021. Aggrieved with both the judgments, this second appeal has been filed by the appellants/defendants before this Court.