KAREPPA HANAMANT SUNAGAD Vs. TAHASILDAR, JAMKHANDI AND OTHERS

JUDGEMENT

(1.) These writ petitions are filed challenging the order dated 23rd March, 2015 passed by the Executing Court dismissing the execution petition filed by the petitioner as not maintainable.

(2.) Petitioner had filed O.S. No.48/2009 against the respondents herein seeking a decree of permanent injunction to restrain the defendants/respondents herein from constructing any road on the suit land without following due process of law. The suit was decreed on 27.03.2012 restraining the defendants from constructing any road on the suit land without due process of law. Petitioner herein filed E.P.No.7/2014 seeking execution of the decree of permanent injunction granted, inter alia alleging that respondents were trying to violate the decree of permanent injunction granted.

(3.) Objections were filed on behalf of judgment debtor No.2-Taluka Surveyor, who is respondent No.2 herein, contending that the execution petition was not maintainable because the decree obtained was only for bare injunction restraining the defendants from constructing a road in the suit property and as the road had been already constructed, in the absence of any decree passed directing removal of the road laid, execution petition could not I be proceeded with.