DHARAM PAL Vs. HARI CHAND KALIA

JUDGEMENT

(1.) THIS Revision Petition has been directed against the order dated 30.5.2009 passed by learned District Judge, Kangra at Dharamshala in Civil Appeal No. 80 -N/XIII -2007 and order dated 27.6.2007 passed by learned Civil Judge (Senior Division), Nurpur in CMA No. 63/2000.

(2.) MATERIAL facts necessary for the adjudication of this petition are that the Petitioner had filed civil suit, titled Dharam Pal V/s. Tej Ram and Ors. bearing Civil Suit No. 87/1982. The suit was decreed on 15.11.1984. Thereafter, the Respondent preferred an appeal before the learned first appellate court. In Civil Appeal No. 221/84, the matter was compromised and decree dated 22.10.1986 was passed. Thereafter, the Petitioner filed an application under Order 21 Rule 32 of the Code of Civil Procedure on 1.4.2000. According to Petitioner, Respondent threatened to raise construction of residential house on the already constructed shop and also stacked construction material and threatened him with dire consequences. Respondent has filed reply to the same. The Senior Sub Judge (Senior Division), Nurpur, District Kangra dismissed the same on 27.6.2007. Petitioner preferred an appeal before the learned District Judge, which was dismissed by him on 30.5.2009 by holding that the appeal filed by the Petitioner against the order passed in application under Order 21 Rule 32 was not maintainable either under Section 96 or under Order 43 of the Code of Civil Procedure before the District Judge. This revision petition has been preferred against both the orders dated 27.6.2007 and 30.5.2009.

(3.) MR . K.D. Batish has supported the orders passed by both the courts below.