civil appeal by defendants
Querist :
Anonymous
(Querist) 27 June 2011
This query is : Resolved
we filed a civil suit for getting an injunction on our land which the defendants have trespassed and formed a road out of permitted footpath. defendants were claiming that the road was old & they only repaired it and pefected their easement right. Court framed 4 issues (1. whether the land belonged to us, 2. whether there was an old road, 3. whether the plaintiff is eligible for an injunction,
4. relief & cost
Court observed that issue no. 1 & 2 were in favour of the plaintiff (ie, the land belongs to them & there was no public road). However court is not making a decree as plaintiff is not eligible for an injunction (issue 3). since the plaintiff has suppressed some facts that there was an old road to plaintiff's house through the suit property and injunction being highly discretionary and the plaintiff has not come with clean hands, suit has been dismissed with no cost.
Now the defendants have gone for an appeal based on the above findings. We filed a cross appeal.
Around four years are over after filing the appeal by the defendants. Now it is coming for a hearing.
The question is Whether the appeal will stand or not for a dismissed suit?
What will happen to the cross appeal?
Devajyoti Barman
(Expert) 27 June 2011
Without seeing the judgement t is difficult to comment on the merit of the appeal or the cross appeal.
The information here is too scanty to make any comment at all.
