NARINDER MANOCHA Vs. SHOKAT ALI

JUDGEMENT

(1.) Petitioner/Counter-Claimant in civil suit No.107 of 2004 i.e. Narinder Manocha has assailed order dated 28.10.2015 vide which application under Section 151 CPC for the issuance of necessary clarification has been dismissed by the Additional Civil Judge (Sr. Divn.) Kalka.

(2.) Civil suit for permanent injunction was filed by Shokat Ali against the present petitioner. In the said suit, defendant/petitioner filed counter claim. Vide judgment and decree dated 27.10.2004, civil suit was dismissed whereas counter claim of the present defendant/petitioner was decreed. While accepting the counter- claim, the trial Court restrained plaintiff Shokat Ali from interfering in possession of the defendant/petitioner over the property No.97 except in due course of law.

(3.) The aforesaid judgment and decree was unsuccessfully assailed by the plaintiff Shokat Ali in appeal which was dismissed on 28.01.2005. In RSA No.3119 of 2005, the controversy was disposed of vide order dated 21.08.2009, thereby accepting the appeal and it was made clear that the plaintiff Shokat Ali will be having no connection with property bearing No.97 which was held in possession of the present defendant/petitioner and the defendant/petitioner has no concern with property bearing No.843.