- (1.) Vide this common judgment, I shall dispose of RSA No.1444 of 1986, RSA No.3693 of 2005 and C.O.C.P. No.249 of 2006. Regular second appeal No.1444 of 1986 preferred by appellant-defendant is directed against the judgment and decree dated 28.02.1986 passed by learned Additional District Judge, Bhiwani whereby appeal preferred by respondent-plaintiff has been allowed, judgment and decree dated 14.08.1980 passed by learned Senior Sub Judge, Bhiwani has been set aside and suit of plaintiff has been decreed. Regular second appeal No.3693 of 2005 preferred by plaintiff is directed against the judgment and decree dated 24.08.2002 passed by learned Additional Civil Judge (Sr. Divn.), Loharu whereby suit for declaration and permanent injunction filed by appellant-plaintiff has been dismissed and against the judgment and decree dated 01.09.2005 passed by learned Additional District Judge, Bhiwani has also been dismissed.
(2.) C.O.C.P. No.249 of 2006 has been filed under Sections 10 and 12 of the Contempt of Courts Act, 1971 praying for initiation of proceedings against respondents for wilfully violating the order dated 24.10.2005 passed by this Court whereby parties were directed to maintain status quo till further orders.
(3.) The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts of RSA No.1444 of 1986 arising from suit no.266 of 1977 are to the effect that initially, plaintiff-Union of India through Chief Executive Engineer, Northern Railway filed a suit to the effect that plaintiff is owner in possession of suit land measuring 8 bighas 12 biswas comprised in khasra no.1018/910/665, situated in the Patwar Circle of village Loharu and sought perpetual prohibitory injunction restraining the defendant from making any encroachment on the unbuilt portion of the land as shown with red colour in the site plan and delineated by letters 'ABCD' thereon and also for mandatory injunction directing defendant to remove construction and encroachment made thereon which has been vividly shown by letters 'EFGHIJKM' and 'MNOL' in the site plan attached with plaint. It was pleaded that land was legally and validly transferred to the erstwhile Bikaner State Railway which ultimately merged into Northern Railway and mutation evidencing this transfer bearing No.1076 was sanctioned on 15.06.1951. It was further pleaded that joint demarcation of the disputed property was carried out in the year 1960 by the revenue authorities and the railway authorities. It was stated that copy of the joint report was annexed to the plaint but it was not so annexed nor had that joint report seen the light of the day during the pendency of this litigation. The defendant-Notified Area Committee without any right or title to that property started asserting right and made encroachment upon the disputed property about 11/2/2 months before filing of suit on 15.06.1976 and constructed some shops etc. thereon which area, has been indicated on the plan. The defendant allegedly threatened to make further encroachment on the unbuilt portion. The defendant was asked to stop encroachment and to demolish the construction but to no avail, therefore, suit for prohibitory and mandatory injunctions was filed.;