SANSAR PAL Vs. RAJINDER PARASAD

JUDGEMENT

(1.) CAN a decree for prohibitory injunction as opposed to mandatory injunction be executed in the manner provided fro in sub-rule (5) of rule 32 of Order 21 C.P.C. ? It arises in the following circumstances.

(2.) RESPONDENT Rajinder Prasad obtained a decree against the petitioner and others prohibiting them from interfering in his possession over the suit land i.e., Khasra No. 129, Khewat No. 17, Khataunii No. 40 of village Daulatabad, Tehsil and District Faridabad. As per the allegations of the decree-holder, when he started raising a wall and installing a hand-pump in this land, it was objected to by the petitioner on the ground that the said area formed part of Khasra No. 130 and not khasra No. 129 to which the decree related and, therefore, the former could not raise the construction or install the hand-pump. In the face of this obstruction he filed the present execution application to do the needful with the help of the police. The executing Court has accepted this prayer of the decree-holder and has directed its execution in the following manner :-

(3.) FOR the reasons recorded above, I allow this petition with costs and sett aside the impugned order. The costs are determined at Rs. 500/-. Petition allowed.