SATYA NARAYAN RATHORE Vs. RAMAKANT

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioners/defendants assailing the legality and validity of the order dtd. 3/2/2021 passed by learned Additional District Judge, Sawai Madhopur allowing the Civil Miscellaneous Appeal No.06/2018 preferred by the respondents/plaintiffs against rejection of their temporary injunction application by the learned Civil Judge, Sawai Madhopur vide its order dtd. 10/1/2018 in Civil Miscellaneous Case No.150/2016.

(2.) The facts in brief are that the respondents/plaintiffs filed a suit for mandatory and permanent injunction against the petitioners/defendants stating therein that they are family members and their ancestral house was partitioned way back on 11/7/1969. It is averred that the plaintiffs are enjoying easementary right of air and light over an open 'Gali' of four and a half feet width towards eastern side of their portion in which the defendants were trying to raise construction to deprive them of their easementary right. Their temporary injunction application filed alongwith the suit was dismissed by the learned trial Court vide its order dtd. 10/1/2018 which was successfully challenged by them by way of civil miscellaneous appeal which has been allowed by learned Appellate Court vide its order dtd. 3/2/2021.

(3.) Heard. Considered.