1. Heard Ms. Archana Singh, learned Senior Counsel assisted by Ms. Aruna Singh, learned counsel for the petitioner in the leading petition and defendant/respondent in the connected petition, and Sri M.M. Sahai, learned counsel for the substituted heirs of Ram Swarup Bajaj in the leading as well as connected petitions.
2. Since counter-affidavit and rejoinder affidavit have already been exchanged between the parties and they do not propose to file any further affidavits, the petitions are being decided finally at the admission stage itself.
3. The case of the parties, as set out in the petitions, is that the original plaintiff, Ram Swarup Bajaj, instituted Original Suit No. 679 of 1984 before the Court of the Second Civil Judge, Kanpur Nagar, namely Ram Swarup Bajaj vs. Indian Oil Corporation and others, seeking a decree of permanent prohibitory injunction restraining the petitioner Corporation, their employees, workers and agents from forcibly occupying and portion of the disputed plots or raising any construction on the disputed plot Nos. 2063/2 and 2074/4 total area 6 bighas and 12 biswa (16000 sq. yard) situated at village Panki Gangaganj, Pargana, Kanpur Nagar along with a further relief restraining the defendants from raising any construction over the land demarcated by letters A, B, C and D. The original plaintiff be entitled to compensation of Rs. 2,000/- from defendant no. 1 from 18.11.1984 to 2.12.1984 and also compensation at the rate of Rs. 1000/- per day from 3.12.1984 till the construction is removed.
