ANIL SHARMA Vs. ASHWANI CHANDLA AND ORS.

JUDGEMENT

(1.) THIS revision has been directed against the order dated 4.4.2011 passed by learned Civil Judge (Jr. Division), Court No. 4, Shimla in Execution Petition No. 13/10 of 1999/96. The learned Civil Judge decreed the Civil Suit No. 17/1 of 88 on 19.12.1990 and directed the Defendants to remove the structure from the common passage comprised in Khasra No. 410/246/1. It is admitted case that khasra Nos. 500, 527 and 564 are the new khasra numbers of old khasra No. 410/246/1. The Petitioner filed the objections against demarcation in the executing Court and also took the stand that since Petitioner Anil Sharma has filed an application for correction of revenue entries with respect to suit land before Settlement Officer and that application is still pending, therefore, execution petition is not maintainable till the decision of correction application.

(2.) THE report dated 1.9.2007 of the Local Commissioner was challenged by filing objections mainly on the grounds that demarcation has not been conducted in accordance with the instructions. This objection of the judgment debtor has already been considered in judgment dated 25.8.2008 in CR No. 181 of 2006 and the judgment debtor was not allowed to take this objection. The judgment debtor cannot be allowed to reagetate the same point