ALWAN SINGH YADAV Vs. HRIDESHI YADAV

JUDGEMENT

(1.) The present petition has been preferred by the petitioners under Article 227 of Constitution of India being crestfallen by order dtd. 29/3/2016 passed by Vth Additional Judge to the Court of Ist Civil Judge, Class-II, Shivpuri, whereby objection raised by the respondents/judgment debtors has been upheld and execution proceedings initiated by the petitioners against the respondents were dropped.

(2.) Precisely stated facts of the case are that Late Laxman Singh Yadav filed a civil suit (Civil Suit No.218-A/1988) against Shrilal and Smt. Rajkunwar for permanent injunction and vide judgment dtd. 10/12/1992 suit was decreed in favour of petitioners (then plaintiffs). As per the judgment and decree, petitioner Late Laxman Singh was found to be entitled to take water connection from the disputed land and the then defendants were injuncted permanently not to interfere in the movement of plaintiffs.

(3.) It appears that said judgment and decree was not complied by the respondents in letter and spirit prima-facie. Therefore, execution proceedings were drawn by the legal representatives of Late Laxman Singh against the legal representatives of late defendants on 26/3/2013.