MURARI LAL Vs. NAWAL KISHORE

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the decision of the learned Single Judge of this Court. The short question that requires determination in this appeal is whether a decree for a prohibitory injunction can be executed in the manner laid down in Order 21, Rule 32 (5) of the Code of Civil Procedure.

(2.) Nawal Kishore, decree-holder, obtained a decree for injunction restraining the judgment-debtors from preventing him in putting a separating wall in the residential premises so as to separate his portion from the one in possession of the judgment-debtors. This decree was obtained on the 13th of November, 1953. The plan shows where the separating wall is to be built. On the 27th of July, 1954, the present application was filed for execution of the decree as provided under Order 21, Rule 52 (5). This application was objected to by the judgment-debtors on a number of grounds. The only ground with which we are concerned in the present appeal was to the effect that the decree being one for a prohibitory injunction it could only be executed as provided in Order 21, Rule 32, Sub- Rule (1) and not as provided in Sub-rule (5) of Rule 32, Order 21, This objection was overruled by the executing Court as well as by the appellate Court and by the learned Single Judge. The learned Single Judge, while dealing with this objection Ruled as under:

(3.) The order of the Courts belows entitling the decree-holder to recover cost of building the wall from the judgment-debtors was, however, vacated. Considering himself aggrieved by the order of the Single Judge, on leave being granted under Clause (10), the present appeal has been preferred by one of the judgment-debtors.