GRAM PANCHAYAT DOHLA Vs. NATHA SINGH AND OTHERS

JUDGEMENT

(1.) Gram Panchayat, village Dohla has questioned by way of this revision petition, brought under the provisions of Art. 227 of the Constitution of India, the legality of the order dated 07.01.2010 (Annexure P-5) passed by learned District Judge, Sangrur, vide which the appeal preferred by the petitioner against the order dated 03.01.2007 (Annexure P-4) passed by learned Civil Judge (Junior Division), Dhuri has been dismissed.

(2.) To begin with, the respondents Natha Singh and others filed a suit for mandatory injunction against the petitioner directing it to remove Hadda-Rori(place to store the carcasses of dead animals) to some other place because the same was situated near residential houses of the plaintiffs and other inhabitants of the village and on account of the foul smell emitted therefrom, it was difficult for the plaintiff and other inhabitants to reside there. The said suit ended in judgment and decree dated 12.10.2004(Annexure P-1) whereby learned Civil Judge (Junior Division), Dhuri had decreed the suit directing the defendant-petitioner to shift the Hadda-Rori to some other place, which is 450 yards away from the residential houses of the area of the village.

(3.) The said judgment and decree were allowed to become final by the defendant. When no action in compliance with the directions of the aforesaid judgment and decree was taken by the defendant, Natha Singh and others brought an application under Order 21 Rule 32 Civil Procedure Code for directing the petitioner to comply with the judgment and decree in question. They had prayed for sending the judgment debtor in civil prison in case it failed to do so for violating the terms of the judgment and decree.