VIDHYASHANKAR VAJPAYEE Vs. HARVEER SINGH

JUDGEMENT

(1.) This Miscellaneous Petition under Article 227 of the Constitution of India has been filed against the order dated 6.7.2019 and 24.8.2019 passed by Third Civil Judge, Class-I, Guna in Execution Case No.139A/2001 by which the Executing Court has held that although a beem of the house has been constructed by encroaching upon the disputed lane in question, but if the said beem is removed, then the entire house may collapse. Further, since the disputed lane belongs to the Municipal Council, Guna, therefore, the Municipal Council, Guna shall be at liberty to deal with the matter of removing the encroachment.

(2.) It is the case of the petitioner that he had filed a suit for permanent injunction against the respondents. Although there was a temporary injunction but during the currency of the injunction order, the respondents raised a construction thereby encroaching upon the lane in question. The said civil suit was decided by the Court of 4 th Civil Judge, Guna in Civil Suit No.139-A/2001 by judgment and decree dated 22.9.2001 by holding that the respondents have encroached upon the disputed lane, therefore, they should remove their construction and a permanent injunction was also issued against them that they shall neither obstruct the lane nor shall carry out any construction either by themselves or through their agents. The judgment and decree passed by the Trial Court was put to challenge by the respondents by filing Civil Appeal No.55A/2002 which was dismissed by the Court of Third Additional District Judge (Fast Track Court), Guna by judgment and decree dated 21.7.2004. A Second Appeal No.558/2004 was filed by the respondents which was dismissed by the High Court by order dated 10.7.2009.

(3.) During the course of arguments of Second Appeal, it was submitted by the counsel for the respondents that since the respondents have encroached upon the disputed lane, therefore, the plaintiff may be awarded some compensation.