SUNDER Vs. LALA RAM

JUDGEMENT

(1.) The present revision petition has been filed challenging the order dtd. 11/11/2016 whereby the application filed under Order XXI Rule 32 of the Code of Civil Procedure, 1908 has been allowed.

(2.) The brief facts relevant to the present lis are that respondent Nos.1 and 2 herein filed a suit for permanent injunction and mandatory injunction. Vide judgment and decree dtd. 28/2/2009, only a decree for permanent injunction was passed and the decree for mandatory injunction was declined. On 12/10/2011 respondent Nos.1 and 2 filed an application under Order XXI Rule 32 CPC for directions to remove the encroachment from the rasta on the suit property. The details when the property was encroached upon are woefully missing from the said application. A reply was filed to the said application. Vide order dtd. 22/8/2014 the said application was allowed by the Executing Court and it was ordered that the illegal possession from the rasta be removed. The petitioner herein filed CR No.6230 of 2014 and on 16/2/2016 the following order was passed therein :

(3.) Yet again an application was filed under Order XXI Rule 32 CPC that since there was an encroachment hence the same be directed to be removed. Vide the impugned order dtd. 11/11/2016 it has been directed that the encroachment be removed and the order dtd. 22/8/2014 be complied with. In the application it has been averred that on 21/2/2016 Khasra No.537, which is a rasta aam, had been encroached upon and the building material had been collected at the spot. Vide the impugned order dtd. 11/11/2016 the following directions have been given :