GIAN CHAND Vs. HEM RAJ & ORS

JUDGEMENT

(1.) This revision petition is instituted against the order rendered by the learned Civil Judge (Sr. Divn.), Hamirpur, H.P., in C.M.A No. 26 of 2002, dated 8.6.2006.

(2.) "Key facts" necessary for the adjudication of this revision petition are that the father of the petitioner Sh. Malhi Ram has instituted a Civil Suit bearing No. 196/1 of 1987 on 11.9.1987 against the respondents. A compromise decree was passed on 22.4.1988. The operative portion of the judgment reads as under:

(3.) Thereafter, a decree was also drawn. The respondents instituted petition under Order 21 Rule 32 CPC before the Executing Court. According to them, the petitioner has demolished a double storyed tinposh room in the month of November-October, 2001 and constructed new house on Kh. No. 99 with lintel in violation of the decree of the Court. The suit land was not partitioned. The reply was filed by the petitioner. According to the reply filed, he was not party to the litigation and was not aware of the same. He has not raised any fresh construction. The old house which had outlived its life was demolished and new house was constructed on the old foundation.