PREM LAL Vs. JAGAT RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29.6.2013 rendered by learned Civil Judge (Jr.Divn.) Karsog, District Mandi, in Execution Petition No. 3 X of 2010.

(2.) "Key facts" necessary for adjudication of this petition are that learned Additional District Judge Mandi vide his judgment dated 2.4.1994, while allowing appeal of the respondent/decree holder (hereinafter referred to as the "decree holder" for the sake of convenience) modified the decree passed by learned Sub Judge, Karsog in Civil Suit No.38/1988 to the effect that apart from relief of removal of slab projections, as granted by the trial court in favour of the decree holder, he is entitled to a decree of mandatory injunction directing the petitioner/judgment debtor (hereinafter referred to as the "judgment debtor" for the sake of convenience) to remove his . construction on area measuring 0 0 7 Bighas of land in Khasra No.1139/206/1 as shown in Tatima Ext.P2 and further not to interfere in any part of Khasra No.1139/206 in any manner belonging to the decree holder. Earlier, the decree holder also of filed execution petitions No.12 X of 2000 and 16 X of 2000. In the meantime, the parties arrived at a compromise, Ext. PA dated 28.10.1999. Learned Sub Judge 1st Class, Karsog passed a common order in Execution Petitions No.12 X of 2000 and 16 X of 2000 on 30.9.2002. Operative portion of the order reads as under:

(3.) I have heard Mr. G.D. Verma, learned Senior Advocate appearing on behalf of the judgment debtor and have also gone through the pleadings carefully.