Madhya Pradesh Court October 1999 Judgments

Vijay Kumar Pathak Vs. Dineshchand Bansal

Court: Madhya Pradesh

Reported in: 2000(1)MPHT368

R.P. Gupta, J.1. This is an appeal by the defendant against whom the appellate Court of III Addl. Distt. Judge, Morena in Civil Appeal No. 1-A/96 by judgment dated 20-7-95 passed a decree that the disputed Gali was joint ownership of the plaintiff/respondent with a right to use it jointly and a further injunction that the defendant will not raise any construction in this joint Gali and defendant will not obstruct the plaintiff from opening his doors and windows in this Gali and a direction to remove whatever wall or construction has been raised by the defendant. By this judgment the appellate Court has reversed the judgment of Addl. Civil Judge Class I, Morena in case No. 102-A/92 decided on 20-7-95. The trial Court dismissed the suit of the plaintiff which was for the relief now granted by the appellate Court. The suit was filed on 10-4-89.2. It was a simple suit in respect of a portion described as disputed Gali by red colour in the site plan filed with the plaint. The claim was that...