Ragani Devi vs Chetna Sen V. Ors

Sandeep Sharma, J

Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dated 27.3.2023 passed by the learned District Judge, Mandi, H.P., in CMA No. 8 of 2023, titled Chetna Sen v. Ragni Devi and Ors, reversing order dated 6.12.2022, passed by the learned Civil Judge, Court No.2, Mandi, District Mandi, in CMA Reg No. 648 of 2022 and in CMA Reg No. 792/2022, whereby court below restrained the respondents-defendants from raising construction on the area of old path i.e. khasra No.. 288, 289/1, 290 and 289/6 till new path is constructed through khasra Nos. 289/2 and 287. Court below also restrained the defendants from interfering in the land allotted to the respondent-plaintiff in khasra Nos. 289/3, 289/4, 298/1 till the suit is not decided on merits. Besides above, court below also restrained the defendants from interfering or raising construction over khasra Nos. 289/2 and 287, till such suit is not decided on merits.

Precisely, the facts of the case as emerge from the record are that, plaintiff filed civil suit with a prayer to issue mandatory injunction restraining the defendants from constructing path/road through khasra No. 289/2 and 287, which is kept joint by all the co-sharers for raising construction of path/road and to co-operate the plaintiff in raising construction of the path. Besides above, plaintiff also prayed for injunction restraining the defendants by directing them to remove the old construction from khasra No. 289/2 and 287 for the purpose of construction of path/road. Alongwith aforesaid suit, petitioner also filed an application under Order 39 Rules 1 and 2 CPC, praying therein for ad-interim injunction.

Court below having taken note of the pleadings adduced on record by the respective parties passed restraint order dated 6.12.2022, restraining the defendants from raising construction on the area of the old path as detailed herein above till new path is constructed.

Being aggrieved and dissatisfied with the aforesaid order passed by the court below, defendants filed an appeal in the court of learned District Judge, Mandi, who vide order dated 27.3.2023, reversed the order passed by the court below, as a result of which, application for ad-interim injunction having been field by the plaintiff came to be dismissed. In the aforesaid background, plaintiff-petitioner has approached this Court in the instant proceedings.

Before case at hand could be heard and decided on its own merits, this Court having regard to the nature of dispute inter-se parties and their relationship, made an attempt towards amicable settlement through counsel, who after having taken instructions from their respective clients fairly stated that new path shall be constructed on the spot strictly as per compromise decree, but till the time, new path is constructed, parties would be permitted to use old path and obstruction, if any, caused by either of the parties on the path shall be removed forthwith.

Since there is only dispute with regard to construction of new path and parties have resolved to settle their dispute amicably as has been recorded herein above, nothing remains to be adjudicated in the instant proceedings.

Consequently, in view of the above, order dated 27.3.2023, passed by the learned District Judge is modified to the extent that new path shall be constructed by the parties to the lis on the land as detailed in comprise decree and till the time, new road is not constructed parties, would use old path and obstruction, if any, caused on the same by any of the parties to the lis shall be removed forthwith. Any violation of the aforesaid undertaking given to this court shall be viewed seriously and violators shall be dealt with in accordance with law. In the aforesaid terms, present petition is disposed of with the pending applications, if any.