SEEDA Vs. YASHPAL

JUDGEMENT

(1.) THIS is a writ petition filed by the judgment debtor against the order of the executing court dated 05.05.2010, which was also upheld in revision by the learned IInd Additional District Judge, Roorkee, District Haridwar vide order dated 16.05.2014.

(2.) A suit for permanent injunction was filed by the plaintiff (present respondent No. 1 before this Court) in the year 1982 being Civil Case No. 198 of 1982, Yashpal Vs Lalu and others in the court of Munsif, Roorkee, District Haridwar. The said suit was dismissed vide order dated 03.12.1994. An appeal was filed against the said order and decree which was ultimately allowed by the Additional Civil Judge (J.D.), Haridwar vide order dated 06.02.1996 by setting aside the judgment and decree passed by the court below. Finally the decree was that the defendant should remove the obstructions from the passage, the exact demarcation and the particulars of the obstructions, which were in the form of wall, were given. The same was done by the lower appellate court on the basis of the pleadings and the evidence available before it and on the basis of the report of the Advocate Commissioner as well as other documents such as agreement etc., regarding the property where the exact obstruction and the exact location of the property were given.

(3.) IN the year 2001 decree holder filed for the execution of the decree before the court of Additional Civil Judge, Roorkee, Haridwar, which was registered as execution case No. 1 of 2001 Yashpal Vs Lalu and others.