NARAYAN DASS Vs. DEVENDER

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed impugning the order dtd. 28/4/2017 passed by the Executing Court whereby the execution petition filed by the petitioner-DHs has been dismissed.

(2.) The brief facts relevant to the present lis are that on 31/7/1996 the petitioner-DHs filed a suit for permanent injunction for restraining the respondent-JDs from opening any nali, window, ventilator, mori, door, etc. in the Gali of the petitioner-DHs as mentioned in the plaint. Vide judgement and decree dtd. 17/1/2004 (Annexure P-3) the Trial Court dismissed the suit. However, the lower Appellate Court, vide judgement and decree dtd. 1/6/2007 (Annexure P-4), decreed the suit.

(3.) In 2013 the petitioner-DHs filed an execution petition (Annexure P-1) seeking execution of the judgement and decree dtd. 1/6/2007 (Annexure P-4). It was averred that the respondent-JDs were creating a hinderance and obstructions in the construction of a wall in the Gali by the petitioner-DHs. Some of the respondent-JDs filed objections (Annexure P-2) to the execution petition stating that they had not violated the judgement and decree dtd. 1/6/2007. It was submitted that as per the decree the respondent-JDs had been restrained from opening any nali, window, ventilator, mori, door, etc. in the Gali of the petitioner-DHs and that they had not opened any nali, window, ventilator, mori, door, etc. in the Gali of the petitioner-DHs. It was further submitted that the petitioner-DHs, under the garb of the decree dtd. 1/6/2007, wanted to block the single rasta for the ingress and egress of the plot owned by the respondent-JD Nos.12 and 13 whereas neither was such a prayer made by the petitioner-DHs in the plaint in the suit nor was such a relief granted by the lower Appellate Court in its decree dtd. 1/6/2007 and that the petitioner-DHs had no right to block the single rasta for the egress and ingress of the plot owned by the respondent-JD Nos.12 and 13.