MADAN LAL Vs. KARAM SINGH AND ANOTHER

JUDGEMENT

(1.) AGGRIEVED by order dated 14.06.2011 (Annexure P -7) passed by the Executing Court, thereby dismissing application (Annexure P -6) filed by the petitioner under Order 21 Rule 32 of the Code of Civil Procedure (in short - CPC), decree -holder Madan Lal has filed this revision petition under Article 227 of the Constitution of India to assail order Annexure P -7. Suit filed by the petitioner against respondents was decreed by the trial court for permanent injunction as well as for mandatory injunction. However, in appeal, decree for mandatory injunction passed by the trial court was set aside and suit remained decreed for permanent injunction only.

(2.) IN application Annexure P -6, the petitioner alleged that the respondents have no respect for law and in spite of injunction decree, they are trying to interfere in possession of the plaintiff and remained adamant in spite of request by the plaintiff, who also made application Annexure P -5 to the police, whereupon both - petitioner and respondent no. 1 were challaned under Sections 107 and 151 of the Code of Criminal Procedure (in short - Cr.P.C.). Accordingly, the petitioner sought attachment and sale of property of respondents/judgment -debtors for violation of the decree and claimed proper compensation for himself and also sought detention of respondents in civil prison.

(3.) LEARNED Executing Court, after framing issues and recording evidence, dismissed application (Annexure P -6) filed by the petitioner, vide order Annexure P -7, which is under challenge in this revision petition at the hands of decree -holder.