SUDHEER KUMAR Vs. BALRAM

JUDGEMENT

(1.) This revision under Sec. 115 of the CPC has been preferred by the petitioners/decree holders being aggrieved by the order dtd. 15/11/2021 passed by the Additional Judge to the Court of Civil Judge, Class-I, Narayangarh, District ' Mandsaur whereby the execution application preferred by them has been dismissed.

(2.) The decree - holders had instituted an action before the Civil Judge, Class-II Narayangarh, District Mandsaur for permanent injunction restraining the judgment debtors from interfering with their possession over the suit land bearing survey No.50/Min-2 area 0.152 hectare, village Tilakhedi, Tehsil Malhargarh, District Mandsaur. By judgment and decree dtd. 30/1/2017, the claim was decreed by the trial Court and the judgment-debtors were restrained from interfering with their possession over the suit land. The said decree was based upon the fact that the decree holder was found to be in possession the suit land. It is common ground that the said decree has attained finality since the same has not been challenged before any higher Court.

(3.) On 23/7/2018, the decree holders filed an application under Order 21 rule 11 of the CPC before the Executing Court submitting that the judgment-debtors have violated the decree of injunction and have started making illegal construction over the suit land. Prayer was made for issuance of appropriate direction directing the judgment debtors to remove the illegal construction and for punishing them for willful disobedience of the decree. The judgment-debtors contested the application by filing their reply.