ARUN KUMAR PETER JOEL SINGH Vs. CIVIL JUDGE

JUDGEMENT

(1.) THE parties submit and agree that this petition be disposed of today itself and the following agreed order be passed.

(2.) THE petition is disposed of finally. Decree was originally passed by the trial court on 11th April, 2002 whereby the defendant in the suit (respondent no. 2 herein) was restrained from occupying the property in question and was ordered and directed to demolish the latrine and cow shed at his expense, which were existing over the said land. This decree was amended ex-parte, without any notice to the defendant on 19th February, 2003 by including a money claim of the plaintiff to the extent of Rs. 20,000/- (twenty thousand), which the defendant was ordered to pay to the plaintiff.

(3.) BY the impugned order passed on 24th August, 2005 the application filed by respondent no. 2 was allowed. In this application the respondent had prayed only for the setting aside of the amendment in the original decree dated 11. 04. 02 carried out vide order dated 19th February, 2003. Admittedly respondent no. 2 in the said application had not prayed for setting aside of the original decree passed on 11th April, 2002. That decree had attained finality. Therefore, there was no question of staying the execution of the decree as had originally been passed on 11th April, 2002 granting prohibitory injunction in favour of petitioner-plaintiff as well as mandatory injunction with respect to demolition of latrine and cow shed.