Pramod Kumar Srivastava, J. - (1.) Original Suit No. 214 of 2002 (Jitendra Pal and anothers v. Dharam Pal and another) was decreed by judgment dated 07.08.2006 passed by Civil Judge (J.D.) Gadh Mukteshwar, Ghaziabad, against which Civil Appeal no. 100 of 2006 (Dharam Pal and another v. Jitendra Pal and others) was preferred. The said appeal was dismissed by the judgment dated 28.08.2015 of District Judge, Hapur. Against these judgments of the trial court and the first appellate court, this second appeal has been preferred by the defendants of the original suit.
(2.) Heard learned counsel for the parties.
(3.) In the original suit filed by the plaintiffs for prohibitory and mandatory injunction, plaintiffs have alleged that they have right of easement for user of light and air from the windows situated in western portion of their house and also have easementary right to drain out water of their house towards west of the house. They pleaded that towards west of their house, there is open land over which the defendant had constructed his house. But before construction of defendants' house, plaintiffs have acquired easementary right of user of light, air and draining out of water towards western side of their house. When defendants threatened to close windows and egress of water of house of plaintiffs, then they have filed suit for permanent prohibitory injunction. During pendency of suit when defendants closed the windows to plaintiffs' house then they had amended plaint and sought relief of demolition of construction obstructing the easementary right of plaintiffs.;