(1) CSA -40/06 - Pukh Raj Vs. Likhmi Chand. (2) CSA - 41/06 - Smt. Sukhi Devi & Anr. Vs. Likhmi Chand. Judgment dt.21.11.08 1/3 1. S.B. CIVIL SECOND APPEAL NO.40/2006 Pukh Raj Vs. Likhmi Chand. 2. S.B. CIVIL SECOND APPEAL NO.41/2006 Smt. Sukhi Devi & Anr. Vs. Likhmi Chand Date of order : 21st November, 2008 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sabir Khan for Mr. Pradeep Shah for the appellants. Mr. Suresh Shrimali for the respondents. --------- 1. By the consent of the parties and upon instructions as prayed by the learned counsels for the parties, the following order is passed and the appeals are disposed of as under:- (i) On the portion purchased by the appellant Pukh Raj since he has already constructed his building and admittedly on the one side the pillars encroach about one feet of land of the plaintiff-respondent Likhmi Chand, therefore, the defendant-appellant Pukhraj shall pay a compensation to the tune of Rs.50,000/- (Rupees fifty thousand only) to the plaintiff-respondent within one month from today against such encroachment and after receipt of such compensations, plaintiff- respondent shall not raise any objection about such one feet encroachment. (ii) The appellant-defendant Pukhraj shall remove the Kuchha bricks / stone patties construction over the let (1) CSA -40/06 - Pukh Raj Vs. Likhmi Chand. (2) CSA - 41/06 - Smt. Sukhi Devi & Anr. Vs. Likhmi Chand. Judgment dt.21.11.08 2/3 out portion belonging to the plaintiff-respondent and handover the vacant and peaceful possession of the same to the respondent-plaintiffs within a period of one month from today. (iii) The appellant-defendant shall construct the common wall between the pillars covering his own side so that the plaintiff-respondent can use his portion of the suit premises in an independent and undisturbed peaceful manner. The wall so constructed between the pillars by the appellant-defendant shall be only to the extent of the breadth of the pillars. (iv) The plaintiff-respondent shall be entitled to use the common wall constructed between these two portion from his side. The breadth of wall construction shall not go beyond the existing breadth of the pillars and plaintiff-respondent shall be entitled to use the said common wall from his side, without any objection from appellant-defendant's side. The construction of the entire wall shall be done at the cost of the appellant- defendant. (v) The appellant-defendant shall remove all kachha construction on the portion of plaintiff-respondent of 10' x 32' and handover him the vacant plot duly cleaned and the cost of such removal of encroachment shall be born by the appellant-defendant. (1) CSA -40/06 - Pukh Raj Vs. Likhmi Chand. (2) CSA - 41/06 - Smt. Sukhi Devi & Anr. Vs. Likhmi Chand. Judgment dt.21.11.08 3/3 (vi) If the above said terms are not complied with by the appellant-defendant, these appeals of appellant defendant shall be treated as dismissed and the respondent-plaintiff shall be at liberty to move contempt proceedings before this Court for breach of aforesaid undertaking of the appellant-defendant. (vii) No extension of this term of one month as aforesaid shall be granted under any circumstances. 2. In view of the aforesaid terms, these second appeals are disposed of. No costs. [ DR. VINEET KOTHARI ], J. item No.3-4 babulal/-