RAJIV BANSAL SON OF LATE MOHINDER KUMAR BANSAL Vs. MANGE RAM CHAUDHARY SON OF PRITTAM SINGH & OTHERS

JUDGEMENT

(1.) Present civil revision petition is filed under Section 115 of the Code of Civil Procedure 1908 against order passed by learned Executing Court dated 6.12.2013 and against order passed by learned Appellate Authority whereby learned Appellate Authority affirmed the order of learned Executing Court.

(2.) Decree holder namely Mange Ram filed civil suit No. 213/1 of 1991 title Mange Ram vs. Mohinder Kumar pleaded therein that judgment debtor has illegally raised the retaining wall upon the land of decree holder measuring 11 sq. metres. Mange Ram also filed civil suit No. 214/1 of 1991 title Mange Ram vs. Hem Lata pleaded therein that judgment debtor Hem Lata has encroached 8 sq. metres of land owned by decree holder. Decree holder sought relief of mandatory injunction in both civil suits and in alternate decree holder also sought relief of compensation.

(3.) Learned Trial Court clubbed civil suits No. 213/1 of 1991 and civil suit No. 214/1 of 1991 and disposed of both civil suits by way of common judgment. Learned Trial Court dismissed both civil suits filed by Mange Ram. Thereafter Mange Ram filed appeal before learned Appellate Court. Learned Appellate Court also dismissed both appeals filed by Mange Ram. Thereafter Mange Ram filed RSA No. 143 of 2002 title Mange Ram vs. Hem Lata and also filed RSA No. 144 of 2002 title Mange Ram vs. Mohinder Kumar Bansal (died) through LRs Vikas Bansal and others before Hon'ble High Court of H.P. Hon'ble High Court on 4.9.2012 disposed of both RSAs bearing Nos. 143 of 2002 and 144 of 2002 by way of common judgment. Hon'ble High Court of H.P. set aside the judgment and decree passed by learned Trial Court and Appellate Court and decreed both civil suits filed by Mange Ram. Hon'ble High Court of H.P. passed decree for compensation of Rs. one lac in civil suits No. 213/1 of 1991 and passed decree of compensation of Rs.75000/- (Rupees seventy five thousand) in civil suit No. 214/1 of 1991.