RAM BILAS PRASAD Vs. SUDHAMAYI SINHA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER is plaintiff in Title Suit No. 17 of 2000 which was filed by him for declaration that the plaintiff and the defendants have right to use the disputed road which is the subject matter of the suit and the defendants have no right to fix a gate towards northern and southern side of the suit land and for further declaration that the defendants have no right to construct temporary Jhopari and to plant trees over the disputed land.

(3.) LEARNED counsel for the petitioner submits that earlier a similar petition was filed by the defendants which was allowed by the court below on 14.8.2004 but this Court in Civil Revision No. 1121 of 2004. set aside the said order and allowed the revision by order dated 29.9.2004 (Annexure -1). Hence, the petition filed by the defendants for the same relief was not maintainable.