MANISHA LALWANI Vs. DWARKA PRASAD TAMRAKAR

JUDGEMENT

(1.) HEARD on I.A.No.7627/2011, an application under Order 39 Rule 1 and 2 C.P.C..

(2.) IT is contended by learned counsel for the appellant that the judgment and decree has been granted restraining the respondents to interfere in possession of appellant on the well situated on the disputed land. IT is specifically directed by the Court below that the respondents will not make any sale of the land on both the sides of the well nor they have any right to make any construction on the said land measuring 4 feet and 4x31.10 inches. IT is further contended that the appellant has been made entitled to make use of the land for the purposes of bringing water from the well. A further injunction is granted to maintain the well on the expenses of the appellant. Against such judgment and decree, no appeal has been preferred by the respondents, but by erecting the wall, such a construction is made that the appellant is not in a position to make use of the well nor in a position to bring it to the original condition by use of machines. All sort of hindrances have been created by the respondents so that the appellant may not enjoy the fruit of the decree which has become absolute on account of non-challenge. Complaint in this respect was made in the police, but nothing has been done by the police authorities and, therefore, such an application is required to be filed.

(3.) CONSIDERED the submissions made by learned counsel for the parties.