KRISHNA KUMAR AGRAWAL Vs. JAI KUMAR JAIN

JUDGEMENT

(1.) Leave granted

(2.) We have heard the counsel for the parties. This Court issued notice confining to the question as indicated in our order dated August 21, 1995 which reads thus:-

(3.) The learned counsel for the respondents has placed before us a photograph in which it is seen that there exists a double-storeyed building and besides that the offending wall was constructed. The said wall is now found to have been constructed recently as found by the trial Court and affirmed by the appellate, as well as the High Court. In view of the above finding, the apprehension of the appellants that existing double-storyed building would be demolished in execution of decree of the trial Court is unfounded. What is to be demolished is the construction unauthorisedly made by the appellants as found by the Commissioner who was examined as PW-8 whose report is Ex. I and the field Book 1/A.