LALBABU SAH Vs. PRADIP BHATTACHARJEE

JUDGEMENT

(1.) Heard Mr. S.P. Roy, the learned counsel appearing for the petitioner and Mr. B.C. Das, the learned senior counsel appearing on behalf of all the respondents.

(2.) The petitioner is before this Court under Article 227 of the Constitution of India challenging an order dtd. 23/7/2019 passed in Title Execution Case No. 8/2011 by the Munsiff No. 1, Tezpur thereby directing the Civil Nazir to demolish the portion of the building constructed by the petitioner, which is in violation to the compromise decree dtd. 30/9/2005.

(3.) The brief facts of the instant case is that the Respondent Nos. 1, 2 and 3 along with one Prabeen Ch. Bhattacharjee and Ratna Bhattacharjee filed a suit against the petitioner herein who was the defendant No. 1 in the suit along with two others seeking declaration that the pucca construction raised by the defendants without leaving space from the boundary wall of the plaintiffs is illegal and liable for demolition; and for permanent and perpetual injunction restraining and prohibiting the defendants from raising any construction without leaving prescribed space from the pucca boundary wall of the plaintiffs. The said suit was registered and numbered as Title Suit No. 82/2005. Pursuant to service of summons, the parties to the suit amicably arrived at a settlement and in pursuance thereof filed a joint application under Order XXIII Rule 3 of the Code of Civil Procedure for passing a decree in terms with the amicable settlement which was incorporated in the said compromise petition.