🏛 IN THE COURT OF CIVIL JUDGE (S.D.), _______

Regular Civil Suit No. ___ of 20__

A.B. …………… Plaintiff
Versus
C.D. …………… Defendant

Date: //20__

📝 ORDER

(Under Section 39 of the Specific Relief Act, 1963)

1. The present suit is filed by the plaintiff seeking declaration of easementary right and mandatory injunction directing the defendant to remove the obstruction created over the suit pathway situated between Survey No. ___ and Survey No. ___.

2. It is the case of the plaintiff that the said pathway has been in continuous use for access to his agricultural land and that on //20__, the defendant illegally constructed a wall blocking the said pathway.

3. The defendant contested the suit denying the existence of any such right and contending that the plaintiff has alternative access.

🔎 POINTS FOR DETERMINATION

1. Whether the plaintiff proves his easementary right over the suit pathway?

2. Whether the defendant has illegally obstructed the same?

3. Whether the plaintiff is entitled to mandatory injunction?

⚖ FINDINGS

Point No. 1: In the Affirmative
Point No. 2: In the Affirmative
Point No. 3: In the Affirmative

🧾 REASONS

The plaintiff has produced documentary evidence including village map and revenue records. Oral evidence of PW-1 and PW-2 corroborates continuous usage.

The defendant has failed to establish any lawful justification for obstruction.

Under Section 39 of the Specific Relief Act, the Court may grant mandatory injunction to prevent breach of obligation and compel restoration of status quo.

The obstruction amounts to unlawful interference with plaintiff’s lawful right.

🏁 ORDER

1. The suit is hereby decreed with costs.

2. The defendant is directed to remove the wall/obstruction constructed over the suit pathway situated between Survey No. ___ and Survey No. ___ within 30 days from the date of this order.

3. In default, the plaintiff shall be at liberty to get the obstruction removed through Court process at the cost of the defendant.

4. Decree be drawn accordingly.

Pronounced in open Court on this __ day of ____, 20.

Civil Judge (S.D.)