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Showing contexts for: common open plot in Girdhari Lal (Now Deceased) vs Phool Singh And Another . ... on 5 December, 2012Matching Fragments
3. The DH filed reply to this application mentioning that JDs had assured number of times to close down the doors at point 'C' & 'D' but they have not complied with. It is mentioned that JDs have closed only one door at point 'D' and they are still using door at point 'C'.
4. I have heard the Bar and perused the record.
5. The most emphasized plea of objector/JD is that since he has already closed down two doors at point 'C' & 'D' opening towards plaintiffs plot in common passage in view of directions given vide judgment and decree dated 31.07.1982, the decree stands satisfied. Further, it is pleaded there was no specific direction that he could not open door at any other point towards the common passage. It is also asserted that property of JDs is surrounded by other built up properties from all sides and therefore, they had no other option but to make new entry in common passage. On the other hand, Ld. Counsel for the DH argued that alleged common passage is exclusive property of plaintiff/DH and for that reason only, the defendants/JDs were directed to close down the doors but still they have intentionally disobeyed decree dated 31.07.1982.