MADAN GOPAL Vs. MULKH RAJ
LAWS(J&K)-2020-12-22
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 16,2020

MADAN GOPAL Appellant
VERSUS
MULKH RAJ Respondents




JUDGEMENT

Tashi Rabstan,J. - (1.)The petition in hand has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 06.08.2020 passed by learned Additional District Judge, Udhampur in a civil miscellaneous appeal filed by the plaintiff/petitioner herein against the order dated 15.01.2020 passed by learned Sub-Judge (CJM) Udhampur, whereby temporary injunction application filed by the plaintiff/petitioner herein has been dismissed.
(2.)The brief facts of the case is that the plaintiff/petitioner herein instituted a suit for perpetual injunction before the trial Court on the ground that he and the defendant Nos. 3 to 6/respondents herein are having joint possession, being the co-sharers of the land measuring 8 marlas (Gair Mumkin Rasta) comprising under Khasra No. 376 situated at Village Manpa, Udhampur, which has been exclusively used by the plaintiff/petitioner herein to approach his house, whereas the first defendant is causing interference in the suit pathway which leads to his house from Khasra Nos. 376 to 380.
(3.)The defendant No. 1 has filed objections and denied the claim of the plaintiff/petitioner herein on the ground that the suit pathway shown as Gair Mumkin Rasta is the only approach road to his proprietary land falling under Khasra No. 361 and his residential house built thereon since his forefathers' time for the last more than 65 years.
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