- (1.) The present appeal has been preferred against the judgment and decree dated 21.11.2015 passed by the learned Additional District Judge, Gurgaon, whereby the appeal filed by appellants-defendants against the judgment and decree dated 11.08.2014 passed by the learned Civil Judge (Jr. Division), Gurgaon, has been dismissed.
(2.) Plaintiffs-Respondents no.1 to 5 filed the suit for mandatory injunction directing the appellants-defendants to remove the encroachment made by them by raising construction of walls in the red portion which forms part of Khasra no. 2269 situated in village Gurgaon at their own costs. Plaintiffs-respondents also sought a decree of permanent injunction restraining the defendants from interfering in any manner and encroach upon or raising any kind of construction in the suit property shown with letters 'ABC' in the site plan attached with the plaint.
(3.) The suit was filed by the plaintiffs who belongs to Nai (Barber) Community in representative capacity for themselves and on behalf of Nai Samaj of village Gurgaon. That the Barber Community was not having any place for organising their functions in village Gurgaon. They requested Gram Panchayat in the year 2003 to allot some area for the construction of the Chobara/Community hall for the Barber Community. The Gram Panchayat allotted an area measuring 500 sq. yards out of Khasra No. 2269 in village Gurgaon. Resolution dated 26.01.2003 was passed in this regard. However, possession of only the area measuring 180 sq. yards could be delivered to the plaintiffs as rest of the area was found to have been encroached upon by the appellantsdefendants. Plaintiffs raised construction of rooms in the said land shown in green colour in the site plan. Defendants forcibly raised some construction shown in red colour in the site plan and they are adamant to raise further construction in order to encroach upon the land of the plaintiffs. Hence the suit.;