KAREEMUDDIN Vs. NAZIA PARVEEN

JUDGEMENT

(1.) THE respondent filed O. S. No. 1415 of 1999 in the Court of Principal Junior civil Judge, Warangal, against the petitioner, for the relief of perpetual injunction. The grievance of the respondent was that, the tap connection, extended to the petitioner, was touching her house on the western side, causing damage to the wall, and that one of the pillars of the gate, leading to the house of the petitioner, was also damaging the abutting wall. In effect, she wanted that the tap connection be removed to a distance, from the wall of her house, and the gate pillar be shifted in such a way, as to maintain a gap between the pillar and the wall of her house. The suit was decreed on 31-07-2007. The decree became final, and the petitioner is said to have removed the pillar of the gate.

(2.) THE respondent filed E. P. No. 334 of 2004 for execution of the decree. It was alleged that the petitioner was acting contrary to the decree, and as such, he is liable to be punished by sending him to civil prison.

(3.) THE petitioner filed a counter-affidavit, stating that he has removed the tap, and installed it, at a different place, and shifted the gate pillar, duly maintaining the gap, between the pillar and the wall of the respondent. The executing Court allowed the E. P. , through its order dated 11-03-2008. The same is challenged in this C. R. P.