MANGILAL Vs. PUKHRAJ

JUDGEMENT

(1.) This civil second appeal is preferred against the judgment and decree dtd. 12/10/2018 passed by the learned Additional District Judge, Bhawanimandi, District Jhalawar (for brevity, "the learned Appellate Court") in Civil Appeal No.04/2016 whereby, while dismissing the appeal, the judgment dtd. 31/8/2016 passed by the learned Civil Judge, Chaumahla, District Jhalawar (for brevity, "the learned trial Court") decreeing the Civil Suit No.03/1997 filed by the respondents/plaintiffs (for brevity, "the plaintiffs") for mandatory and permanent injunction, has been upheld.

(2.) The relevant facts in brief are that the plaintiffs filed a suit for mandatory and permanent injunction stating therein that they were under ownership and possession of the subject property comprising of a 'Bada' (open piece of land). It was alleged that in June 1988, the defendants have installed a gate towards its northern side raising construction of a wall without any authority of law. Therefore, the decree as aforesaid was prayed for.

(3.) The defendants in their joint written statement, denying the averments made in the plaint, submitted that defendant No.1 was in possession of the subject property for last about 50 years. On the basis of pleading of the parties, the learned trial Court framed six issues including relief. After recording evidence of the respective parties, the learned trial Court decreed the suit vide judgment dtd. 31/8/2016. The civil first appeal preferred thereagainst by the appellants/defendants (for brevity, "the defendants") has been dismissed by the learned Appellate Court vide judgment and decree dtd. 12/10/2018. Assailing the impugned judgment and decree, learned counsel for the defendants submits that in absence of a prayer for decree of declaration, the suit simplicitor for injunction was not maintainable. He submitted that the suit was also not maintainable on account of non-impleadment of necessary parties. He, therefore, prays that the civil second appeal be allowed, the judgment and decree dtd. 12/10/2018 be quashed and set aside and the suit filed by the plaintiffs be dismissed.