Between vs (A) Smt. Sapna Mahendera
2021 Latest Caselaw 5566 HP

    IN   THE   HIGH    COURT    OF   HIMACHAL       PRADESH,            SHIMLA




                                                         .
                    ON THE 3rd DAY OF DECEMBER, 2021





                              BEFORE
                HON'BLE MR. JUSTICE SANDEEP SHARMA





               REGULAR SECOND APPEAL NO. 327 of 2016
         Between:

         KRISHAN LAL BHATIA (DECEASED),
         THROUGH HIS LRS:





         1(A) VINOD KUMAR BHATIA,
         S/O LATE SH. KRISHAN LAL BHATIA,
         RESIDENT OF MOHALLA GUNNUGHAT
         NAHAN, DISTRICT SIRMAUR,

         HIMACHAL PRADESH.

         2. SMT. KAMLESH RANI BHATIA,
         W/O LATE SH. KRISHAN LAL BHATIA,
         RESIDENT OF MOHALLA GUNNUGHAT NAHAN,
         DISTRICT SIRMAUR, HIMACHAL PRADESH.


                                                             ....APPELLANTS
         (BY MR. KARAN SINGH KANWAR,
         ADVOCATE)




         AND





         SMT. SAROJ GARG, (DECEASED)
         THROUGH HER LRs:





         1(A) SMT. SAPNA MAHENDERA,
         W/O SH. RAJESH MAHENDRA,
         R/O MOHALLA GUNNUGHAT, NAHAN,
         DISTRICT SIRMAUR, HIMACHAL PRADESH.
                                                            ....RESPONDENT
         (BY MR. DESH RAJ THAKUR,
         ADVOCATE)




                                        ::: Downloaded on - 31/01/2022 23:22:58 :::CIS
                                              2




    Whether approved for reporting?.




                                                                      .

    This appeal coming on for disposal this day, the Court passed the following:

                                        JUDGMENT

By way of instant regular second appeal filed under Section

100 of CPC, challenge has been laid to judgment and decree dated

31.3.2016, passed by the learned District Judge, Sirmaur District at

Nahan, in Civil Appeal No. 84-CA/13 of 2015, affirming the judgment and

decree dated 31.8.2015, passed by the learned Civil Judge (Sr. Division),

Sirmaur District at Nahan, Himachal Pradesh, in CS No. 82/1 of 2011,

whereby the suit for mandatory injunction having been filed by the

respondent-plaintiff came to be decreed.

2. Before case at hand could be heard and decided on its own

merits, learned counsel for the appellants-defendants, on instructions,

states that since judgment laid challenge in the instant proceedings stands

duly executed/implemented, present appeal has rendered infructuous. He

states that in terms of the judgment and decree dated 31.8.2015 passed by

the learned trial Court, further affirmed and upheld by the learned District

Judge vide judgment dated 31.3.2016, appellants/defendants have

removed the staircase from the suit land comprising khasra No. 127/2,

measuring 2-60 sq. meters.

3. Having carefully perused the impugned judgment by the

.

learned trial court, this Court finds that while decreeing the suit filed by the

respondent-plaintiff, court below specifically directed the appellants-

defendants to remove the iron staircase raised over the suit land comprised

in khasra No. 127/2, measuring 2-60 sq. metres. In case, appellants have

removed the staircase in terms of the judgment and decree passed by the

learned trial court, nothing remains to be adjudicated in the instant appeal

and accordingly, same is disposed of as having rendered infructuous.

Needless to say, respondent-plaintiff would be at liberty to get the judgment

and decree executed in accordance with law, if same has not been

implemented in its letter and spirit. All pending applications stand disposed

of accordingly.

    3rd December, 2021                              (Sandeep Sharma),
         (manjit)                                         Judge