Civil Revision No. 4156 of 2009 (1) THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4156 of 2009 Date of Decision: 27-07-2009 Dharambir ..........Petitioner Versus Baru Ram .......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Ajay Jain, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral). The defendant is in revision petition aggrieved against the order dated 28.5.2009 passed by the learned trial Court declining the application filed by the defendant-petitioner seeking direction to the plaintiff to affix the advalorem court fee on the amount of damages claimed by the plaintiff i.e. a sum of Rs.3,29,725/-. The parties are neighbours to each other. As per the plaintiff, the acts of the defendant has caused damage to his property. In view of the said fact, he has claimed a decree for mandatory injunction to undo the damage caused to his building. In the alternative, the plaintiff has claimed that if the damage to the building is not undone by the defendant, he should be granted compensation of Rs.3,29,725/-. The learned trial Court found that since the primary relief of the Civil Revision No. 4156 of 2009 (2) plaintiff is in respect of mandatory injunction, therefore, the advalorem court fee on the amount of compensation claimed by the the plaintiff is not required to be affixed at this stage. It is only on the failure of the defendant to carry out the mandate to undo the damage to the building of the plaintiff, the question of grant of any damage would arise. The reasoning given by the learned trial Court cannot be said to be suffering from any patent illegality or irregularity, which may warrant interference by this Court in exercise of its revisional jurisdiction. Hence, the present revision petition is dismissed. (HEMANT GUPTA) JUDGE 27-07-2009 ds