CHHAGAN LAL Vs. BANSHI LAL AND OTHERS

JUDGEMENT

(1.) Petitioner-plaintiff has filed this writ petition to challenge impugned order dated 13th of July, 2015 passed by Additional District Judge No.2, Nagaur (for short, 'learned appellate Court'), whereby learned appellate Court has partially modified the order of temporary injunction passed by Additional Civil Judge (Junior Division), Nagaur dated 20th of July, 2009 in a suit for perpetual and mandatory injunction founded on the right of easement to ingress and egress.

(2.) The learned appellate Court, while partially modifying the injunction order passed by the learned trial Court, has also taken note of the fact that the suit as such is pending since long and has, therefore, directed the learned trial Court to decide the main suit itself as expeditiously as possible within a period of 15 months from the date of passing of the order.

(3.) Learned counsel for the petitioner has argued that the right to way of 18 ft., which the petitioner is enjoying since long, is sought to be curtailed by the appellate Court by reducing it to 15 ft., and that order has prejudiced the right of the petitioner. It is further argued by the learned counsel that this finding of the appellate Court would prejudice final outcome of the suit, and therefore, impugned order passed by the appellate Court is liable to be interfered with.