- (1.) APPLICATION is allowed subject to all just exceptions and the delay, if any, in making up the deficiency in court fee is condoned. CM No.13798 -C of 2011 For the reasons mentioned in the application, which is supported by an affidavit, delay of 54 days in re -filing the appeal is condoned. The application stands disposed of. CM No.13799 -C of 2011 For the reasons mentioned in the application, which is supported by an affidavit, delay of 37 days in filing the appeal is condoned. The application stands disposed of. RSA No.4741 of 2011
(2.) THIS is defendant's second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiff -respondent for mandatory and permanent injunction has been decreed.
(3.) AS per the plaintiff -respondent, he owned and possessed the disputed house wherein he was residing along with his family. The appellant along with his family was residing in the adjoining house on the northern side situated in Khasra No.226 purchased by him vide registered sale deed dated 25.10.2009. House of the defendant in Khasra No.226 situates on the northern side of the village street situated in Khasra No.227; whereas house of the plaintiff, shown in green colour in the site plan, abuts the said street on eastern side. The aforesaid street is used by the plaintiff and other inhabitants of the village and vests in the Gram Panchayat of village Mangewal, Tehsil Payal and is depicted in Jamabandi for the year 1998 -99 and is under its management and control and was brick paved by it. The disputed passage is 70 feet long and 9 feet wide. This passage is also depicted in plan Table survey of village Mangewal, Doraha as prepared by the Executive Engineer, Panchayati Raj, PWD (C&M) Division, Ludhiana. This passage connects Pakka road on the southern side. The defendant has illegally shown the disputed passage as open yard of his house in the site plan furnished by him in Civil Suit titled as 'Avtar Singh v. Ajit Singh'. The disputed passage actually is bounded on the east by the house of defendant and on its south is Pakka road. The main gate of house of the defendant is actually on the eastern side and he has forcibly and illegally installed an iron gate by raising small walls in the disputed passage abutting Pakka road on the southern side and also raised wall on the eastern side in Khasra No.227 forcibly and illegally. He also planted Mulberry tree in the said passage forcibly and illegally, thereby obstructing the villagers. A door, a window and a ventilator of the house of plaintiff open in the street in dispute. The defendant has filed suit for permanent injunction against him with an intention to grab the passage in dispute situated in Khasra No.227 by committing above referred illegal acts of raising a wall, installation of gate and planting of Mulberry tree. Despite his requests, the defendant did not demolish such construction nor removed the iron gate and the Mulberry tree. Hence, the suit.;