GEORGE @ SAJI & ANR Vs. BHAKHTAWARLAL

JUDGEMENT

(1.) In the instant revision petition show cause notice was issued on 23.10.97 to the sole opposite party. The opposite party is represented by his counsel Mr. O.P. Mehta. Although after due service of show cause notice on the opposite party the revision petition is posted today for admission yet with the consent of the learned counsel for the parties I propose it off finally on merits at admission stage.

(2.) The revisionists have filed this revision petition against the order dated 12.9.97 passed by learned Additional District Judge No. 1, Udaipur in Civil Appeal No. 11 of 1996, reversing the order dated 26.10.95 passed learned Civil Judge (Jr. Division) Udaipur (South). Udaipur in Civil Misc. Case No. 294/95.

(3.) Without delineating the facts in detail, the admitted relevant facts which necessitated the revisionists to file the present revision petition are that the opposite party filed Original Civil Suit No. 363/93 for permanent injunction along with an application under Order 39 Rule 1 and 2 CPC. The application under Order 39 Rules 1 and 2 CPC was allowed by the learned trial court on 17.1.94 restraining the defendant-revisionists from raising any construction over 5 feet of lane in between two constructions of the parties. The defendant-revisionists were further restrained by the learned trial court from creating any obstacles in egress and ingress of the opposite party over the lane and were also directed to maintain status quo.