Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2542 of 2018 Petitioner :- Netra Pal And 4 Others Respondent :- Vishambhar Counsel for Petitioner :- Yash Tandon
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners.
The present petition has been filed for setting aside the order dated 5.3.2018 passed by the Civil Judge (Junior Division), Mathura in Civil Misc. Case No. R.M. No. 16 of 1977.
By the order, Kurra No. 1 has been settled in favour of plaintiff No. 1 on the basis of Amin report paper No. 128-C, on which, the objections were also invited and the Amin report was confirmed vide order dated 23.8.1993. This Amin report was prepared in Original Suit No. 152 of 1973, which was decreed on 13.12.1976 and plaintiff was entitled for 1/4th of the portion. The present suit was filed and proceedings were initiated for preparation of the final decree. In view of the aforesaid Amin report, final decree has been directed to be prepared and it has been provided that Kurra No. 1, over which the plaintiff is in possession, be settled in his favour.
Submission of learned counsel for the petitioner is that the Amin report, which was prepared pursuant to the order of the trial court dated 10.10.2017 indicates that Vishambhar S/o Sukhram, the plaintiff is in possession of a larger area. However, it also indicates that this area has been increased by encroaching upon a pond land (pokhar). Learned counsel submits that since the increased area has been shown is in possession and order of status quo was prevailing, therefore, the final decree in relation to the larger area has rightly been prepared.
I have considered the submissions and perused the record.
On perusal of the record, I find that the Amin report paper No. 128-C was prepared pursuant to the judgment and decree dated 13.12.1976 passed in Original Suit No. 152 of 1973 and objections against the aforesaid Amin report were also rejected and Amin report was confirmed vide order dated 23.8.1993. The plaintiff was in possession of the aforesaid portion, and therefore, the same has been settled in favour of plaintiff. The Amin report dated 14.10.2017 reflects that plaintiff No. 1 has encroached upon some pond land (pokhar), which is also clear from the map annexed with the Amin report. The encroachment over the pond land (pokhar) would not affect the property that has been partitioned between the parties.
Under such circumstances, the present petition lacks merits and is accordingly dismissed.
Order Date :- 24.4.2018 Sumaira