BHARAT SINGH Vs. VIMLA

JUDGEMENT

(1.) THE case of petitioner complainant is that on 26. 7. 1980 he applied for permission from the Gram Panchayat for construction on the land of his owner-ship alongwith the map of the land. Permission was accorded to him on 31. 3. 1981 by the Gram Panchayat. On 4. 10. 1989, when he started to construct `pakka Wall' in front of his house, Ganesh Lal (Present respondent No. 8) and Laxman Singh (father of Lal Singh-respondent No. 10) and his brother Dilip Singh prevented him from putting up `pakka Wall' and tried to encroach upon his land. THErefore, he filed civil suit No. 47/89 before the Court of Civil Judge (Jr. Div.) Sagwara against them for declaration and permanent injunction. THE said suit was decreed in his favour by the trial court on 19. 2. 1996 and the said plot measuring 22' x 25' was declared to be of his owner-ship and in his possession. Accordingly, they were restrained from interfering with the work of putting up `pakka Wall. '

(2.) THE aforesaid judgment and decree passed by the trial court was challenged by them before the District Court, Doongarpur in appeal No. 3/96. However, the same was dismissed on 20. 11. 1996 by the learned District Judge, Doongarpur.

(3.) THE aforesaid order passed by the learned Addl. Chief Judicial Magistrate, Sagwara taking cognizance against the respondents accused was challenged by them before the Sessions Court, Doongarpur in revision petition No. 86/97, which was allowed by the learned Sessions Judge by his judgment and order dated 17. 1. 1998. This has been challenged by the present petitioner complainant by way of this misc. petitioner before this Court under Section 482 Cr. P. C.