GAURISHANKER AND ORS. Vs. GOPAL KRISHAN

JUDGEMENT

(1.) THE appellants/defendants, having lost the legal battle before the two courts below, have filed the present second appeal under Section 100 of CPC, 1908, in this Court on 27.10.2014 assailing the judgment and decree dated 18.09.2014 passed by learned Additional District Judge No. 2, Bikaner, dismissing defendants/appellants' Appeal No. 12/2008 -Gaurishanker & Anr. Vs. Gopal Krishan, and affirming the judgment and decree dated 28.05.2008 passed by learned Addl. Civil Judge (Jr. Division) No. 2, Bikaner, whereby the suit filed by the respondent/plaintiff, being Civil Original Suit No. 425/2001 -Gopal Krishan Vs. Gaurishanker & Anr., against the defendant for possession and permanent injunction, was decreed.

(2.) THE plaintiff/respondent filed a suit for possession and permanent injunction with respect to suit property i.e. Plot No. 2 Block -B, Karninagar Colony, Bikaner, which was purchased by him from Sudharshan Kumari through a registered sale -deed, which was registered on 29.12.1970 with the Sub -Registrar Bikaner and possession was handed over to him. The defendants, who are residing in the adjacent plot, while dismantling the fencing encroached over the plot in question. The plaintiff thus filed the suit for possession and permanent injunction, which has been concurrently decreed in his favour.

(3.) THE first appeal filed by the appellants/defendants against the judgment and decree of the learned trial court came to be dismissed vide judgment and decree dated 18.09.2014 in the following terms: - <IMG>JUDGEMENT_52_LAWS(RAJ)4_42015.jpg</IMG> <IMG>JUDGEMENT_52_LAWS(RAJ)4_52015.jpg</IMG> <IMG>JUDGEMENT_52_LAWS(RAJ)4_62015.jpg</IMG> <IMG>JUDGEMENT_52_LAWS(RAJ)4_72015.jpg</IMG>