RATAN SINGH S/O SH DHOKAL SINGH Vs. CHAMPALAL S/O SH GHEWAL CHAND
LAWS(RAJ)-2015-5-106
HIGH COURT OF RAJASTHAN
Decided on May 04,2015

Ratan Singh S/O Sh Dhokal Singh Appellant
VERSUS
Champalal S/O Sh Ghewal Chand Respondents

JUDGEMENT

A.A.BHANSALI, J. - (1.) THIS revision petition under Section 115 of the CPC, 1908, has been filed by the petitioners/objectors (judgment debtors), Ratanlal and Smt. Sayar Kanwar, is being disposed of by this Court after hearing the parties.
(2.) THE petitioners/objectors, Ratan Singh and Smt. Sayar Kanwar, under Patta Nos. 56, 349 and 359 is situated on either side of the way in question marked as "O" to "P" in the map Exhibit -1 placed before the learned trial court and, judgment and decree passed in this regard has already been upheld up to Hon'ble Supreme Court.
(3.) THE suit has been decreed in favour of plaintiffs/respondents and the defendants (petitioners herein) who have lost the legal battle up to Hon'ble Supreme Court, in the execution proceedings, the issue arose that whether the public way from point "O" to "P" was within the "Pattasud" land of the objectors/petitioners or not, the said point has also been determined by the learned trial court in the impugned judgment dated 04.07.2012. Mr. R.K. Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi, learned counsel for the respondent has produced site photographs and also drew the attention of the Court towards the order dated 15.04.2015 passed by a coordinate bench of this Court on the last occasion. He submitted that the petitioners have constructed a gate (??) and also put an iron gate at point "O" and "P", which has obstructed the public way, for which decree has been granted by the learned trial court. There is dispute between the parties as whether the iron gate has been put in non -compliance of the decree or not.;


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