ANIL NAUTIYAL Vs. BRIJENDRA SINGH JAGWAN
HIGH COURT OF UTTARAKHAND
Brijendra Singh Jagwan
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B.VERMA, J. -
(1.) HEARD learned counsel for the appellant.
(2.) THIS second appeal is directed against the judgment and decree dated 23-3-2012
passed by the District Judge, Rudraprayag
in Civil Appeal No. 7 of 2011 Anil Nautiyal
v. Brijendra Singh Jagwan as well as the judgment and decree dated 16-11-2011, passed
by Civil Judge (Senior Division), Rudraprayag, in Civil Suit No. 14 of 2008, Anil
Nautiyal v. Brijendra Singh Jagwan, whereby
the trial court had dismissed the suit of the
Briefly stated the facts giving rise to the present appeal, according to the appellant, are that the plaintiff-appellant filed suit
for a decree of permanent injunction against
the defendant-respondent to restrain the
defendant-respondent from interfering in the
peaceful possession of the plaintiff over plot
No. 459-A of village Sandar (Belani), district Rudraprayag. The plaintiff-appellant inherited this land from his father. The house
of the respondent-defendant is constructed
just ahead of the aforesaid land of plot No.
459-A and the respondent-defendant wanted to grab the land of the plaintiff illegally, therefore, on 9-6-2008, the defendant came on the
plot No. 459-A and started to collect the
stones over the said land. When the plaintiff-appellant came to know of this fact, he
asked the defendant-respondent not to interfere with his (plaintiff's) land. The defendant
started abusing him and threatened him of
dire consequences. The plaintiff-appellant
therefore filed the suit for permanent injunction, which was registered as Civil Suit No.
14 of 2008 in the court of Civil Judge (Senior Division) Rudraprayag.
(3.) THE suit was resisted by the defendant by filing his written statement. Defendant has
denied the plaint allegations and in additional
pleas, in paragraph Nos. 14 and 15 of the
written statement, the defendant has specifically stated that the stones were collected by
the defendant for construction of house over
plot Nos. 462 and 463 of which he is a recorded Bhumidhar and that his father purchased this land measuring 1 Nali, 5 Muthi
from Ghananand Kala son of Tara Datt Kala.;
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