MUKHTIAR SINGH Vs. PIARA SINGH AND ORS

JUDGEMENT

(1.) Application is allowed and Annexure P-1 is taken on record subject to all just exceptions.

(2.) Decree Holder (DH) Mukhtiar Singh has filed the instant revision petition under Section 115 of the Code of Civil Procedure (in short - CPC) assailing order dated 20.01.2007 passed by the Executing Court i.e. learned Civil Judge (Junior Division), Patiala, thereby dismissing the execution petition filed by the petitioner DH.

(3.) Vide judgment and decree dated 14.10.1988 (Annexure P-1), suit filed by the petitioner was decreed for permanent injunction restraining the respondents-defendants from interfering in any manner in user of path, water pump and bathroom illegally and forcibly, otherwise than in due course of law. The petitioner filed first execution petition on 20.01.1990 alleging that the respondents/JDs had demolished the water pump on 14.01.1990 in contravention of the decree. The said execution petition was dismissed as withdrawn on 20.01.1998. Thereafter, second execution petition was filed on 07.06.1999 alleging that the respondents had demolished the water pump on 23.01.1990 and have also demolished the bathroom. The petitioner accordingly prayed that the respondents be committed to civil prison and their property be also attached till they restore the hand pump and bathroom. Compensation of Rs. 50,000/- was also claimed.