Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Authority from demolishing gate alleged to be constructed on road exclusively owned by plaintiff - Plea that approach road caters to needs of other inhabitants of area - Without their presence before Court, issues involved in suit cannot be..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Documents on record shows existence of vegetable shop on road margin from 1979 onwards and it is in possession of plaintiff - Case of plaintiff does not rest only on evidence of DW2 who corroborated the evidence of plaintiff - Evidence of plaintiff, defendant and advocate commissioner's report in detail with..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Demolition of three public utility constructions - Disputed constructions have been raised on the main road which is 5 feet below the road adjacent to plaintiff's house - Right of frontage if any available to plaintiff is clearly not obstructed by any of disputed constructions - Plaintiff not entitled to any..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to hand over the possession of land - Defendants utilized the land for construction of road way back in the year 1980 - Witnesses of defendants admitted that no consent was procured from plaintiffs before construction of road in their presence - Defendant/State is bound to pay the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Encroachment of public roads or public road margins - A person can always seek relief of removal of encroachments, by way of mandatory injunction, in case where encroachments take place on public roads or public road margins...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Claiming exclusive right over common pathway/road - Sale deed in which plaintiff himself was a party speaks reference to common pathway/road - Defendant/Corporation also initiated action by treating same as public common road - There is thus, no bar for plaintiff to enjoy suit property as a whole with..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also indicate that suit land is..........
