The Appellants (Plaintiffs) filed a suit for mandatory injunction to remove a boundary wall constructed by the Respondent (Defendant) which obstructed their access to a public road. The Trial Court decreed the suit, and the First Appellate Court confirmed this. The Defendant then filed a Second Appeal before the High Court, which allowed the appeal, set aside the lower courts' judgments, and dismissed the Plaintiffs' suit. The Plaintiffs then filed the present Civil Appeal before the Supreme Court.
Sanjay Paliwal and another (Plaintiffs/Appellants), partners in Vaishali Builders, purchased 15 Biswa of land in Ahmedpur Karachh, Jwalapur, District Haridwar, via a registered sale deed on 06.01.1992 from Laxminarayan Jha and Bashir Khan.
The plaintiffs' firm name was mutated in revenue records, and they claimed ownership and possession since the purchase.
The disputed land, depicted as ABCD in the site map, had specific measurements (ABCD is 690 “Kari”, AC and BD are 26 “Kari”) and was bounded by defendant's lands on three sides and a pucca road on the eastern side.
Plaintiffs claimed access to the eastern pucca road was essential for their land's use and enjoyment.
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Plaintiffs purchased a…
The Trial Court decreed…
The Appellants (Plaintiffs) filed a suit for mandatory injunction to remove a boundary wall constructed by the Respondent (Defendant) which obstructed their access to a public road. The Trial Court decreed the suit, and the First Appellate Court confirmed this. The Defendant then filed a Second Appeal before the High Court, which allowed the appeal, set aside the lower courts' judgments, and dismissed the Plaintiffs' suit. The Plaintiffs then filed the present Civil Appeal before the Supreme Court.
Sanjay Paliwal and another (Plaintiffs/Appellants), partners in Vaishali Builders, purchased 15 Biswa of land in Ahmedpur Karachh, Jwalapur, District Haridwar, via a registered sale deed on 06.01.1992 from Laxminarayan Jha and Bashir Khan.
The plaintiffs' firm name was mutated in revenue records, and they claimed ownership and possession since the purchase.
The disputed land, depicted as ABCD in the site map, had specific measurements (ABCD is 690 “Kari”, AC and BD are 26 “Kari”) and was bounded by defendant's lands on three sides and a pucca road on the eastern side.
Plaintiffs claimed access to the eastern pucca road was essential for their land's use and enjoyment.
…Plaintiffs purchased a…
The Trial Court decreed…