JAGAT RAM Vs. PREM LAL

JUDGEMENT

(1.) This petition has been instituted against Order dated 12.1.2015 rendered by the learned Civil Judge (Junior Division), Karsog, HP in Case No. 38/2014.

(2.) "Key facts" necessary for the adjudication of the present petition are that the petitioner-Decree Holder (hereinafter referred to as 'Decree Holder' for convenience sake) filed a civil suit No. 38 of 88 against the respondent-Judgment Debtor (hereinafter referred to as 'Judgment Debtor' for convenience sake). The suit was partly decreed by the learned trial Court. Decree Holder preferred an appeal before the Additional District Judge, Mandi. He allowed the appeal on 2.4.1994 and modified the judgment and decree rendered in Civil Suit No. 38/88 to the extent that apart from the relief of removal of slab projections as granted by the learned trial Court in favour of the plaintiff, he was held entitled to a decree for mandatory injunction directing the respondent to remove the construction on an area measuring 0-0-7 Bigha of land in Khasra No. 1139/206/1 as shown in Tatima Ext. P2 and further not to interfere with any part of Khasra No. 1139/2006 in any manner. Decree Holder filed an execution petition in the matter. Parties arrived at a compromise Ext. PA dated 28.10.1999. The Sub Judge 1st Class, Karsog passed a common order on 30.9.2002. Decree Holder assailed order dated 30.9.2002 by filing Civil Revision No. 75/2003. It was decided by this Court on 4.11.2008. Decree Holder again filed an execution petition which was registered as Execution Petition No. 3-X/2010.

(3.) It is evident from Order dated 29.6.2013 rendered in Execution Petition No. 3-X/2010 that the same is a detailed order. Learned Executing Court has framed the following issues: