JUGAL KISHORE LOYA Vs. HANUMAN PRASAD SONI

JUDGEMENT

(1.) The plaintiff in O.S.No.215 of 2000 on the file of the learned Junior Civil Judge, Sirpur is the petitioner. He feels aggrieved by the order, dated 18-3-2004 passed by the trial Court in I.A.No.21 of 2004 filed by the petitioner under Order XIV Rule 5 C.P.C.

(2.) The petitioner filed the suit against the respondent for a three-fold relief viz., for grant of perpetual injunction restraining him from using the wall which is described in the schedule, for a direction to the respondent to remove the portion of the structure raised by him on the northern side of the suit building and for payment of damages assessed at Rs.3,000/- as compensation for demolition of certain structures. In the body of the plaint, he made a reference to the filing of O.S.No.9 of 2000 in the same Court for the relief of perpetual injunction and the compromise decree passed therein. He alleged that subsequent to the compromise decree, the respondent brought about several constructions and caused damage to his building.

(3.) The respondent filed written statement denying the allegations of the petitioner. One of the pleas raised by the respondent is that the present suit is barred by res judicata and principles of estoppel in view of the decree passed in O.S.No.9 of 2000.