AMAR CHAND & ORS Vs. SHANKAR VERMA

JUDGEMENT

(1.) The present Civil Revision under Section 115 of the Civil Procedure Code is maintained by the petitioners to quash and set aside the impugned order dated 22.11.2011, passed by learned Civil Judge (Junior Division), Court No.VI, Shimla, H.P, in Execution Petition No.7-10 of 2011, wherein the learned Court below has held as under :

(2.) As per the petitioner, the judgment and decree passed by the learned trial Court, which was upheld by the learned lower Appellate Court. No Regular Second Appeal was filed and the judgment and decree passed by learned Additional District Judge, Fast Track Court, Shimla, holding that the respondents were restrained by way of Permanent Prohibitory Injunction from interfering in the land of the plaintiffs comprised in Khewat No.27 min/45 Khatauni No.88/85 Khasra No.223, measuring 384/40 square meter situated at Up-Mohal Chalaunthi, Patwar Circle Sanjauli, Tehsil Shimla Urban, District Shimla, H.P, has attained finality. The respondents were also restrained by way of Permanent Prohibitory Injunction from obstructing public passage comprising Khatauni No.119/116, Khasra No.224, measuring 182- 91 square meters situated at Up-Mohal Chalaunthi, Patwar Circle Sanjauli, Tehsil Shimla Urban, District Shimla. The respondents were also directed to remove the iron bars/angle iron temporarily placed by him on Khasra No.223 from his (respondent's) lintel.

(3.) The judgment and decree passed by learned Civil Judge (Junior Division) Court No.VI, Shimla, was affirmed by the judgment of Addl. District Judge, Fast Track Court, Shimla, on 27.4.2011 and no further appeal was preferred by the respondents.