ANWAR SHEIKH Vs. KESHAVRAO

JUDGEMENT

(1.) THE applicant/judgment -debtors, have directed this revision against the order dated 5.2.2001 passed by I Civil Judge, Class -II, Dewas in civil execution case No. 12A/96 -2000 thereby directing removal of the disputed wall in compliance of the decree of mandatory injunction dated 30.3.1998 passed in favour of the non -applicant -decree holder (defendant).

(2.) ON perusal of the judgment and the decree dated 30.3.1998 passed by the trial Court in civil suit case No. 12A/96, it emerged that by the impugned judgment, the plaintiff's suit for declaration and permanent injunction with regard to the disputed wall was dismissed. However, a counter -claim filed on behalf of the non -applicant -decree holder, was allowed and a decree of mandatory injunction directing applicant/judgment debtor to make such arrangement in the disputed wall so that the rainy water in the courtyard of the house of respondent/decree holder may not accumulate. The Court also directed that if such arrangement is not made then the wall in dispute be removed so that the water may not accumulate in the courtyard of the respondent's house. The respondent/decree holder filed an execution of the afresaid decree in the Court below, making a complaint that, if applicant has not made arrangement for draining of the water accumulated in the courtyard of his house and prayed that in terms of the decree the wall in dispute may be directed to be removed. The learned executing Court on considering the submissions of both the parties by impugned order directed that the wall in dispute be removed within a period of 15 days, so that the rainy water may not accumulate in the courtyard of the house of the non -applicant/decree holder. Aggrieved by the said order of the Court, the applicant has filed this revision.

(3.) IN the report it is also mentioned that the opening of the said pipe was cleaned in presence of the parties and thereafter it is found that if the opening of the said pipe is not obstructed then the water shall not accumulate in the courtyard of the house owned by the respondent/decree holder.