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MadhuGunavathy (others)     11 February 2023

Boundaries specified without survey number in court order degree is valid or not

Dear Sir/Madam,

We have filed civil suit and permanent injunction on 2001 against my  blood relative (Uncle) due to disturb my enjoyment  in the vacant portion available near my home.  Already my grand father got patta from  RTO for only my home space and not  for the vacant portion but the vacant portion as we are family enjoyment by grand and grand father .

So we specified in suit as , we have separated enjoyment land  by my father and the the vacant part as in my enjoyment. So that judgement favor for me and got permanent injunction. In that suit we are specified only boundaries of 4 direction breadth and length of the vacant portion.

After got degree on  2004 another one person living in my home disturb for the same vacant portion  with my relative.  So we have file civil suit against on  new person .  I am petitioner in this case.  We have filed suit as we have enjoyment  from old grand and grand  father and not as Village Natham and we have submit the previous degree copy as a proof document for my enjoyment. 

From the respondent side only orally mentioned as their enjoyment in proof affidavit. And bring VAO officer as proof.

The VAO state that and submit document  as  the problem location is Village Natham. 

The judgement came few days ago as the boundaries specified in the previous degree order copy without survey number , so that the suit filed for the problem location and  boundaries specified in the proof degree copy both are different.  And the problem location comes under under Village Natham.  And the petitioner not submit enough proof  and the problem location is not proved as own by petitioner . So dismissed suit without cost in open court.

We have more depressed due to spent  20 years for this case.

I discussed many lawyer directly regarding the appeal but not get clear advice.

I humble request you to kindly advice if any grounds available for appeal this judgement.

By Sincerely Thanks,






 2 Replies

Shashi Dhara   11 February 2023

File fresh declaratory suit against both parties .

Dr J C Vashista (Advocate)     12 February 2023

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