KAMLESH RANI NARANG Vs. GURDEV SINGH AND ANOTHER

JUDGEMENT

(1.) The present petition has been directed against order dated 16.5.2016 (Annexure P-3) passed by the Civil Judge (Junior Division), Moga, whereby application filed by the petitioner under Section 151 of the Code of Civil Procedure (in short "CPC") for allowing demolition of triple storey building constructed by her and to remove malba and other materials or to direct the decree holder to pay Rs. 25 lakhs as value/expenditure on construction, has been dismissed.

(2.) Counsel for the petitioner would contend that as the petitioner purchased the suit property on 20.3.2008 from Sh. Jaswinder Singh (judgment debtor) after a compromise was effected between the decree holder and Sh. Jaswinder Singh, vide written panchayati compromise dated 19.3.2008 and thereafter raised construction of a triple storey building, the petitioner may either be permitted to demolish the construction raised by her, remove the debris or in the alternative, the decree-holder may be directed to compensate the petitioner for the expenditure incurred by her in raising construction as decree-holder would be entitled to enjoy the construction on delivery of possession of suit property in pursuance of application for execution pending in the Court.

(3.) I have heard counsel for the petitioner, perused the paper book particularly the order impugned.