VED PARKASH Vs. MOOL RAJ PADHA

JUDGEMENT

(1.) Order passed on 4.1.2013 in an application filed under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure in Execution RBJ No. 34/07/06 by learned Civil Judge (Senior Division) Kangra at Dharamshala is under challenge in this petition on the grounds, inter alia, that since the proceedings under Order 21 Rule 11 and 32 of the Code of Civil Procedure with allegations of breach of decree by the respondent have been initiated by him, therefore, it was for him to have produced evidence to substantiate such allegations he levelled against the respondent.

(2.) Order dated 5.7.2004 Annexure P-1 passed in case No. 78/2003 titled Ved Prakash Vs. Mool Raj reveal that the suit filed by the petitioner herein was compromised and the parties were directed to maintain status quo qua the suit land till its partition under due process of law. The record reveal that the suit land now stands partitioned under due process of law and the parties are in possession of the land in their respective shares.

(3.) The petitioner, however, has initiated the proceedings (Execution RBJ No. 34/06/07) under Order 21 Rules 11 and 32 of the Code of Civil Procedure against the respondent on the ground that the path in existence and being used by him to have access to his cow shed has been blocked by the respondent by laying slate tiles and thereby trying to usurp more and more land over and above his share. The respondent, however, has denied the existence of any such path and came forward with the version that the applicant and his brother have another path to have access to their cow shed. On such pleadings of the parties learned trial Judge has framed the issues and also taken on record the evidence as produced by the parties on both sides.