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2015 Supreme(HP) 464

RAJIV SHARMA
Prem Chand – Appellant
Versus
Karodhan Devi – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. Rajnish K. Lall, Advocate, Sh. Sanjeev Sood, Advocate.
For the respondents:Mr. G.D.Verma, Sr. Advocate with Mr. B.C.Verma, Advocate.

Judgment :

Justice Rajiv Sharma, J.

CMP No. 874 of 2011.

1. The regular second appeal was admitted on 22.4.2009 and the respondents were restrained from raising further construction as per order dated 9.8.2011. The respondents also moved an application for seeking permission to raise the construction vide CMP No. 524 of 2010. It was dismissed on 31.10.2011. The appellants have also moved application being CMP No. 676 of 2011. It was disposed of by this Court on 31.10.2011 in view of the order dated 22.4.2009 and 9.8.2011 in CMP No. 282 of 2009.

2. The case of the applicant/appellant, precisely, is that despite the orders passed by this Court repeatedly, the respondents have raised the construction. They were told not to do so but they have not paid any heed to the requests. The photographs were taken on 20.8.2011, 21.8.2011 and 24.8.2011. The matter was reported to the Panchayat on 27.7.2011. The Panchayat visited the spot on 21.8.2011 and found that the construction was being carried out on the spot. The respondents were informed of the orders of the Court. FIR was also lodged with the police on 2.8.2011. The police visited the spot on 2.8.2011. Hence this application.

3. The applica






















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