JUDGMENT

N.K. Mody, J.

1. Being aggrieved by the order dated 21-6-2012 passed by Civil Judge, Class II, Sanawad in Execution Case No. 9/09 whereby application filed by the petitioner under Section 151, CPC was dismissed, present petition has been filed. Short facts of the case are that in execution petition filed by respondent an application was filed by the petitioner wherein it was alleged that since there was no interim injunction against the petitioner in civil suit, therefore, petitioner has constructed three storied house on the suit property, therefore, now at this stage the execution of decree is not possible. In the application, it was prayed that respondent be compensated by payment of compensation, therefore, the amount be determined, which can be paid to the respondent. The application was opposed and was dismissed, hence this petition.

2. Facts of the case are that civil suit was filed by the respondent in the year 1987, which was numbered as Civil Suit No. 23-A/87 and was dismissed on 16-9-05, against which an appeal was filed by the respondent, which was numbered as 41-A/05 and was allowed vide judgment dated 30-4-08 whereby judgment passed -by learned Trial Court was s