KHAND BRAHMIN SAMAJ GUDHACHANDRA JI Vs. GHANSHYAM

JUDGEMENT

(1.) This civil second appeal, which is reported to be time barred by 43 days, is accompanied with an application under Sec. 5 of the Limitation Act, 1963 (for brevity, "the Act of 1963"). For the reasons stated in the application, the same is allowed. The delay in preferring the civil second appeal is condoned.

(2.) This civil second appeal is preferred against the judgment and decree dtd. 8/9/2016 passed by the learned Additional District Judge No.2, Hindaun City (Karauli-Rajasthan) (for brevity, "the learned Appellate Court") in Original Civil Appeal No.99/2012 (151/11) whereby, while dismissing the appeal, the judgment and decree dtd. 22/10/2011 passed by the learned Civil Judge (Junior Division), Shri Mahavirji, District Karauli (Rajasthan) (for brevity, "the learned trial Court") dismissing the Civil Case No.94/2001 [old 203/95 (141/98)] filed by the appellant-plaintiff (for brevity, "the plaintiff") for permanent injunction, have been affirmed.

(3.) The relevant facts in brief are that the plaintiff filed a suit for permanent injunction against the respondents/defendants (for brevity, "the defendants") stating therein that there is a residential plot measuring 80ft. X 190ft. situated in village Gudhachandra Ji under its ownership and possession. Alleging that the defendants wanted to encroach upon the subject land, the decree as aforesaid was prayed for.