RAMESHWAR PRASAD Vs. KAILASH

JUDGEMENT

(1.) This civil second appeal has been filed by the appellant- plaintiff (for short 'the plaintiff') against the judgment and decree dtd. 26/4/2019 passed by the Additional District Judge No.3, Kotputli, District Jaipur (for short 'the first appellate Court') in civil regular appeal No. 06/2018 (52/2017) whereby the first appellate Court dismissed the appeal filed by the plaintiff and affirmed the judgment and decree dtd. 7/9/2017 passed by the Civil Judge, Kotputli (for short 'the trial Court') in civil suit No. 83/2012 whereby the trial Court dismissed the plaintiff's suit for mandatory injunction.

(2.) Brief facts of the case are that the plaintiff filed a suit for mandatory injunction against the respondents-defendants (for short 'the defendants') mentioning therein that plaintiff's house is situated at Kayampura Bas, Tehsil-Kotputli of which patta was issued in the name of the plaintiff's father. After the death of plaintiff's father, plaintiff became the owner of the said plot. There is a 5 ft. common way in the southern side of the plot which was demarcated with red colour in the map. Defendants had closed the said way. Therefore, plaintiff had no way for access. Defendants constructed a kitchen there. So, construction raised by the defendants be removed and injunction be issued that the defendant should not be encroach upon the way.

(3.) Defendants filed their written statement and denied the averments made in the plaint and stated that disputed land is not a common way. Defendants had raised construction on their own land. Present suit was filed by the plaintiff with malafide intention. So, suit filed by the plaintiff be dismissed.