PARAS RAM Vs. DAYAWATI & OTHERS

JUDGEMENT

(1.) DECREE holder (DH) has filed this revision petition under Article 227 of the Constitution of India assailing order dated 14.05.2013 passed by the executing Court thereby framing issue in the execution proceedings and requiring the parties to lead evidence. Vide judgment and decree dated 30.11.2012 Annexure P -5, suit filed by petitioner against respondents was decreed for permanent injunction restraining the respondents/defendants from interfering in peaceful possession of the plaintiff/petitioner over the suit property to the extent of his share. Immediately thereafter, the petitioner filed execution petition dated 15.12.2012 Annexure P -6 alleging that respondents/judgment debtors (JDs) were forcibly stopping the petitioner from entering the suit land and, therefore, police assistance and protection was prayed for.

(2.) JDS submitted before the executing Court that they were not causing any such hindrance as alleged by the petitioner -DH.

(3.) I have heard learned counsel for the petitioner and perused the case file.