RAM PRASAD AVASTHI Vs. RAM BABU SHARMA

JUDGEMENT

(1.) This civil second appeal is preferred against the judgment and decree dtd. 23/5/2019 passed by learned Additional District Judge No.2, Ajmer (for brevity, "the learned appellate Court") in Civil Appeal No.4/2015 (63/2015) whereby, while dismissing the appeal, the judgment dtd. 25/4/2015 passed by learned Civil Judge (South), Ajmer (for brevity, "the learned trial Court") decreeing the suit filed by the respondent/plaintiff (for brevity, "the plaintiff") for mandatory and permanent injunction, has been affirmed.

(2.) The relevant facts in brief are that the plaintiff filed a suit against the appellants/defendants (for brevity, "the defendants") stating therein that they have raised construction in the setback area situated towards western side of his house meant to be left open. It was further averred that the defendants have raised the construction without any permission or approval of the building plan from the Municipal Council, Ajmer. Therefore, a decree of mandatory and permanent injunction was prayed for. The defendants in their written statement denied construction covering setback.

(3.) On the basis of the pleadings of the parties, learned trial Court framed four issues. After recording evidence of the respective parties, the learned trial Court decreed the suit vide judgment dtd. 25/4/2015 which was initially affirmed by the learned appellate Court vide judgment dtd. 29/10/2015; but, the matter was remanded back to the learned appellate Court by this Court vide order dtd. 26/2/2019 in S.B. Civil Second Appeal No.522/2015 with a direction to decide the appeal afresh taking into consideration the application filed by the defendants seeking impleadment of the Municipal Corporation, Ajmer as party-defendant. After remand, the learned appellate Court again dismissed the appeal vide judgment and decree dtd. 23/5/2019.