BHAGIRATH Vs. NARSINGH LAL

JUDGEMENT

(1.) Appellant-plaintiff has preferred this second appeal to challenge judgment dated 12.02.2019, passed by District Judge, Merta (for short, 'first Appellate Court') dismissing his first appeal against judgment and decree dated 24.01.2014, passed by Civil Judge (Senior Division), Merta (for short, 'trial Court').

(2.) The bare necessary facts for the purpose of this appeal are that appellant-plaintiff filed a suit for permanent injunction against respondents, inter-alia, on the ground that in the chowk situated between the dwelling houses of appellant and defendant soak-pit of appellant is existing since last 40 years. It is also averred that in the guise of constructing soak-pit, the respondents are damaging the soak-pit of appellant, and therefore, they may be restrained from carrying out construction of soak-pit, which may damage the soak-pit of the appellant. The suit was contested by respondents and a counter-claim was also laid on their behalf seeking the relief that appellant may be restrained from interfering with the work carried out by them for construction of soak-pit.

(3.) The learned trial Court, on the basis of pleadings of the rival parties, settled five issues for determination. The parties led their evidence including oral evidence and also tendered documentary evidence. On behalf of appellant, requisite evidence was tendered to authenticate his cause and per contra respondents submitted evidence to substantiate their defence. After conclusion of the evidence, the learned trial Court heard final arguments and by its judgment dated 24.01.2014, rejected the suit filed by appellant as well as counter claim of the respondents.