parmanent injuction

vishesh kumar (Querist) 25 April 2011 This query is : Resolved
sir , plaintiff has file suit for parmanent injunction that
defandant obstruct the plainitiff from using the street on the westren side of the house of the defendant and plaintiff.

but actualy street in question is a private passessage left by defendant to enter into the his field. i have placed on record shajra aks(map in which street of the village is located)in which no street is find on the wastren side of the house.

i wants any judgement on this matter for considration on the application on order 39 rule 1 and 2

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adv. rajeev ( rajoo ) (Expert) 26 April 2011
instead of going for the judgement you file an applicataion to appoint the court commissioner to make the local inspection, if you didn't file this application it is fatal to the case. Court commissioner is necessary in such cases.

Arvind Singh Chauhan (Expert) 26 April 2011
Rajeev Sir has suggested Perfect way.

Advocate. Arunagiri (Expert) 26 April 2011
yes advocate commissioner can give the exact picture.

Guest (Expert) 26 April 2011
yes i agree with the experts move an application for local commission.

M V Gupta (Expert) 26 April 2011
If the map produced by you is an official map (i.e, CTS or survey map) duly certified by the authorities, it should help u in the matter, unless the defendant disproves it or contends that he had acquaired a right of passage over it, which he will have to prove.

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