Back
ALKA SARIN
Sunder – Appellant
Versus
Lala Ram through his LRs – Respondent
| Table of Content |
|---|
| 1. background of suit and encroachment issues. (Para 1 , 2) |
| 2. impugned order directions about encroachment. (Para 3) |
| 3. arguments regarding enforcements of injunctions. (Para 4 , 5) |
| 4. court's analysis on evidence of encroachment. (Para 6 , 7) |
| 5. conclusion and remanding the case. (Para 8) |
Judgment
Mrs. Alka Sarin, J.
The present revision petition has been filed challenging the order dated 11.11.2016 whereby the application filed under Order XXI Rule 32 of the Code of Civil Procedure, 1908 has been allowed.
2. The brief facts relevant to the present lis are that respondent Nos.1 and 2 herein filed a suit for permanent injunction and mandatory injunction. Vide judgment and decree dated 28.02.2009, only a decree for permanent injunction was passed and the decree for mandatory injunction was declined. On 12.10.2011 respondent Nos.1 and 2 filed an application under Order XXI Rule 32 CPC for directions to remove the encroachment from the rasta on the suit property. The details when the property was encroached upon are woefully missing from the said application. A reply was filed to the said application. Vide order dated 22.08.2014 the said application was allowed by the Execut
The main legal point established in the judgment is that an amendment to convert a suit from one relief to another relief may be allowed if it does not alter the basic structure of the suit and curta....
The court upheld the legality of an ex-parte order for encroachment due to the petitioner's failure to present evidence, affirming the Executing Court's findings.
The limitation for seeking a mandatory injunction begins from the date of actual encroachment, not from the completion of construction.
The principle of 'interest reipublicae ut sit finis litium' - there should be a limit to the litigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
