GOPAL Vs. GENERAL PUBLIC, RESIDENT OF GRAM DABLA MEV, TEHSIL RAJGARH, DISTRICT ALWAR (RAJ.).
LAWS(RAJ)-2021-1-158
HIGH COURT OF RAJASTHAN
Decided on January 12,2021

GOPAL Appellant
VERSUS
General Public, Resident Of Gram Dabla Mev, Tehsil Rajgarh, District Alwar (Raj.). Respondents

JUDGEMENT

ASHOK KUMAR GAUR, J. - (1.) The present writ petition has been filed by the petitioners challenging the order dated 24.07.2020 passed by the Appellate Court, in appeal filed by the petitioners against the order dated 29.11.2019, whereby the Mandatory Injunction application was accepted and direction was given against the petitioners for removal of obstruction in right of way within 15 days and if the petitioners failed to remove the obstruction within a period of 15 days, the said obstruction was to be removed with police assistance.
(2.) Learned counsel for the petitioners-defendants submitted that the Appellate Court though allowed the appeal of the petitioners vide order dated 24.07.2020, however, further direction has been given to allow the parties to use the way for a period of six months and further direction has been issued to maintain status quo in respect of way in dispute.
(3.) Learned counsel for the petitioners submitted that once the order of Mandatory injunction dated 29.11.2019 was set aside, then there was no occasion for the Appellate Court to give further direction to both the parties to allow the right of way to the other persons-residents of Bairwa Basti.;


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