PARITOSH CHAUHAN Vs. ANIL MOHIL AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order passed by the learned Civil Judge (Junior Division), Nahan, District Sirmaur, H.P. on 17.12.2011 whereby he dismissed the execution petition preferred by the petitioner as being time barred.

(2.) The undisputed facts are that Sh. Bikram Singh Thakur instituted a Civil Suit bearing No.80/1 of 1993 against the respondents and their predecessors in interest for mandatory and permanent prohibitory injunction and the same was decreed by the learned trial Court vide judgment and decree dated 21.09.1999 and directed the defendants by way of decree of mandatory injunction to remove the unauthorized constructions raised by them in the shape of a huge outer gate in the entrance, a staircase and a bathroom, a toilet, the room preventing the approach to the property of the plaintiff from the common passage adjoining to the latrines comprising of Khasra Nos. 202, 221/1, 221/2, 222 and 225/1, measuring 105-79 square metres, situated at Mohal Naya Bazar, Nahan and further the defendants were restrained by way of permanent prohibitory injunction from interfering or trespassing aforesaid property and the property of the plaintiff comprised in Khasra Nos. 216/2, 217, 268, total measuring 270-68 square metres, situated at Mohal Naya Bazar, Nahan with the costs of the suit.

(3.) The present petitioner vide a registered sale deed dated 03.11.2006 purchased the suit property from the plaintiff Shri Bikram Singh Thakur.