LAWS(MPH)-2016-2-167

RAJNARAYAN TIWARI Vs. SMT. VIDHYA AWATHI

Decided On February 02, 2016
Rajnarayan Tiwari Appellant
V/S
Smt. Vidhya Awathi Respondents

JUDGEMENT

(1.) The petitioner has filed the revision challenging the order dated 26.06.2015 passed by First Civil Judge Class-II of IInd Additional District Judge, Tikamgarh in Execution Case No.61- A/09-13, thereby issuing a Kurki warrant against the petitioner.

(2.) Brief facts of the case are that the petitioner filed a civil suit No.61-A/09-13 before the trial Court under section 39 of the Specific Relief Act for mandatory injunction and alongwith the plaint, the petitioner has also filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure (hereinafter in short referred to as "the Code").

(3.) The trial Court vide its order dated 30.09.2008 has granted injunction in favour of the petitioner on a condition that if the petitioner failed to prove his case then he will be liable to pay compensation to the respondent and the petitioner is directed to furnish a bail bond of Rs. 60,000/-.