MANORANJAN DUTTA Vs. NARAYAN DHAR

JUDGEMENT

(1.) The challenge made in this revision petition is an order passed in Execution Case No. 20/20)01 dated 18.3.2002 by the learned Civil Judge (Junior Division) No.1, Jorhat, by which an application filed by the petitioner/judgment-debtor objecting the execution of the decree has been rejected. In challenging the said order, the petitioner has also incidentally questioned the original judgment and decree passed by the learned Civil Judge, Junior Division No. 1., Jorhat dated 7.9.2000 passed in T.S. No.. 13/95 by which the suit of the plaintiff/respondent was decreed ex-parte.

(2.) I have heard Mr. D. C. Mahanta, learned Senior Counsel assisted by Ms. P. Bhattacharya, learned counsel for the petitioner/judgment debtor and also heard Mr. K.K. Nandi, learned counsel for the decree holder/opposite party. Also perused the materials available on record.

(3.) For the purpose of disposal of the revision petition, a brief of the relevant may be stated as follows : The plaintiff filing of this revision petition inten alia are that the plaintiff filed the T.S. No. 13/95 in the court of the learned Civil Judge, Junior Division No.1, Jorhat praying for removal of air pollution and noxious atmosphere by demolishing the cowshed of the defendant and per- manent injunction. It is the pleaded case for the plaintiff that the defendant/petitioner has constructed a cowshed towards the northern side of the plaintiff's land contiguous to his boundary and as a result of accumulation of cow dung, cow urine and garbages, the area has been polluted. That apart the water of the ring well located contiguous to the boundary wall of the plaintiff has also been polluted and contaminated. Narrating the nuisance that has been caused, the plaintiff has prayed for the following reliefs in the suit.