SB Civil Writ Petition No. 7641/07 Sohan Lal & Anr. v. The District Judge & Ors.

HON'BLE MR.JUSTICE PRAKASH TATIA Mr. Sanjeet Purohit for the petitioner. Mr. Alkesh Agarwal for the respondents. ... Heard learned counsel for the parties. The plaintiff's injunction application was allowed by the trial court vide order dated 2.3.2007. The plaintiff's case is that the Chabutari which is in front of his house is in the line of Chabutari of other person, is pattasud and thereafter, there is drain which clearly suggests that the petitioner's Chabutari was part of his house. The respondents wants to remove that Chabutari. The appellate court reversed the finding of the trial court after observing that it cannot be believed that the Chabutari is in the patta boundary of the petitioner. It appears that the trial court considered the facts in detail and it is admitted case that the Chabutari in question is in existence since long. The question of title is involved. Therefore, the appellate court committed error of law and there was no justification to allow the defendant to remove the Chabutari. In view of the above, the writ petition is allowed and the order of SB Civil Writ Petition No. 7641/07 Sohan Lal & anr. v. The District Judge, Pali & ors. 2 the appellate court dated 31.10.2007 is set aside and the order to maintain the status quo which is in force in view of this Court's order dated 28.11.2007 shall continue and both the parties shall maintain the status quo with respect to the property in question till the decision of the suit. mlt. (PRAKASH TATIA)J