LAWS(P&H)-2014-7-500

MUKESH Vs. RANDBIR SINGH

Decided On July 21, 2014
MUKESH Appellant
V/S
Randbir Singh Respondents

JUDGEMENT

(1.) THIS revision petition is directed at the instance of the judgment -debtors against the order dated 12.03.2014 by which the Executing Court has passed the order of attaching the property of the petitioners by issuing warrants of possession. The Trial Court had passed the decree on 09.09.2000, which reads as under: -

(2.) THE plaintiff filed application under Order 21 Rule 32 CPC on the ground that the aforesaid decree has been disobeyed as the petitioners have raised construction on the area measuring 76 sq. yards towards northern side of plot no. 398 for which they were restrained.

(3.) COUNSEL for the petitioners has vehemently argued that there is an error of appreciation by the Executing Court because, according to him, the area of 76 sq. yards towards northern side was pertaining to both the plots, whereas plot no. 400 has ample space in which area of 76 sq. yards has not been encroached upon.