RAJ KUMAR Vs. DEV RAJ AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed against Orders dated 16.5.2015 and 9.9.2015 rendered by the learned Civil Judge (Senior Division), Nadaun, District Hamirpur, Himachal Pradesh in Execution Petition No. 67/1998 RBT No. 8/2003.

(2.) "Key facts" necessary for the adjudication of the present petition are that respondent No.1-Decree Holder (hereinafter referred to as 'Decree Holder' for convenience sake) filed a suit for permanent prohibitory injunction restraining the petitioner/Judgment Debtor and proforma respondent No. 2/Judgment Debtor (hereinafter referred to as 'Judgment Debtor(s)' for convenience sake) from raising Gobar gas plant and any other sort of construction adjoining to the house of the Decree Holder shown in site plan as 'ABCD' over the land detailed in the plaint. It was also prayed that if the Judgment Debtors succeed in constructing Gobar gas plant adjoining to the house of Decree Holder, during the pendency of the suit, they may be directed by way of mandatory injunction to restore the original position by dismantling the Gobar gas plant. The parties compromised the suit as per Order date 16.6.1993, which reads as follows:

(3.) Parties had agreed that they will not raise any construction over the suit land till the same was partitioned. Decree Holder was constrained to move an application under Order 21 rule 32 CPC for enforcement of Order dated 16.6.1993 rendered in Civil Suit No. 174/1992. According to the Decree Holder, Judgment Debtors started raising construction over the suit land in the form of tin shed. Judgment Debtors filed reply to the same. Rejoinder was filed by the Decree Holder. Civil Judge (Junior Division) decided the petition No. 67/1998 on 10.3.2010 and ordered the Judgment Debtors to restore the nature of the suit land by demolishing the tin posh shed and any other construction raised by them over the suit land specified by the local commissioner in site plan Ext. AW-2/B within 15 days. Judgment Debtors filed an application /undertaking for removal of temporary structure/shed. Civil Judge (Junior Division) passed Order dated 17.4.2010 and again ordered the Judgment Debtors to remove the construction of tin shed as per site plan Ext. AW-2/B within 15 days.