Decided on April 25,2013

Hira Singh And Anr Appellant
Geeta Rani And Anr Respondents


- (1.) This appeal is directed against the judgment and decree dated 22.07.2005 passed by District Judge, Pauri Garhwal in Civil Appeal No.20 of 2004 Smt. Geeta Rani v. Hira Singh and others.
(2.) Briefly stated facts of the case, giving rise to this appeal, as per plaint's case are, that plaintiff (respondent no.1 herein) filed a suit for permanent injunction against the appellants with the allegations that a shop consisting three portions is situated at the corner of Najibabad Road and Patel Road in Kotdwar. The doors of this shop open towards north of Patel Road and one door towards east of Najibabad road, the site plan of the shop has also been attached with the plaint. It was pleaded in the plaint that on Patel Marg, two Khokhas were put temporarily by the defendants. When a drive to remove the unauthorised construction was undertaken by the Nagar Palika Parishad, Kotdwar then these Khokhas were removed on 4.9.1997 and the public way was made easy to the public but thereafter defendants no.1 and 2 (the appellants herein) gave threat to put their khokhas on the same place wherefrom they were removed. Then, the plaintiff/respondent no.1 filed a suit for permanent injunction to restrain the appellants/defendants to put their Takhat and Khokhas on the road side in front of the shop of the plaintiff.
(3.) The suit was contested by the appellants/defendants no.1 and 2 by filing their written statement jointly and allegations raised in the plaint have been denied. In additional pleas, it was pleaded that the land belongs to Nagar Palika and the plaintiff has no title over the same.;

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