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2023 Supreme(P&H) 1461

ALKA SARIN
Sunder – Appellant
Versus
Lala Ram through his LRs – Respondent


Advocates appeared:
For the Parties : Mr. Ashok Kaushik, Mr. Arihant Jain

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 Executing Court and it was ordered that the illegal possession from the rasta be removed. The petitioner herein filed CR No.6230 of 2014 and on 16.02.2016 the following order was passed therein :

“Counsel for the respondent states that he will be satisfied with an observation from the Court that the judgment

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