LAJJA DEVI Vs. KANSHI RAM

JUDGEMENT

(1.) Present revision petition is filed under section 115 of code of civil procedure 1908 against order dated 12.5.2004 passed by learned Civil Judge Junior Division Karsog District Mandi H.P. in Execution Petition No. 17-X of 2001 title Smt. Lajja Devi Vs. Kanshi and others.

(2.) Decree holders instituted civil suit for partition and separate possession against judgment debtors. Decree holders also sought relief of perpetual injunction restraining judgment debtors from raising any type of construction upon suit land comprised in khasra Nos. 1450, 1451, 1452, 1447, 1448 and 1449 situated in mauja Churag Tehsil Karsog District Mandi HP. Learned Trial Court dismissed civil suit filed by decree holders.

(3.) Feeling aggrieved against the judgment and decree passed by learned Trial Court decree holders filed civil appeal No. 61 of 1993 title Yog Raj and others Vs. Kanshi Ram and others which was disposed of by learned Appellate court on 12.3.1999. Learned Appellate court allowed appeal filed by appellants. Learned Appellate court set aside judgment and decree passed by learned Trial Court. Learned Appellate court passed preliminary decree for partition of suit property comprised in khasra Nos. 1450, 1451 and 1452 situated in mauja Churag District Mandi H.P Learned Appellate court further directed that suit property comprised in khasra Nos. 1447, 1448 and 1449 situated in mauja Churag District Mandi H.P. would be partitioned through revenue courts. Learned Appellate court also passed decree of perpetual injunction against judgment debtors restraining judgment debtors not to raise any construction in suit property till partition of suit land.