LAWS(P&H)-2006-2-503

RAM SINGH Vs. SHIV NARAIN

Decided On February 14, 2006
RAM SINGH Appellant
V/S
SHIV NARAIN Respondents

JUDGEMENT

(1.) THE petitioners, who are judgment debtors, have filed this petition under Article 227 of the Constitution of India for setting aside the order dated 24.7.2004, passed by Additional Civil Judge (Senior Division), Rewari, whereby they have been ordered to be detained in civil prison for a period of six months and their property has also been ordered to be attached for violation of the decree dated 11.11.1999. It has been further ordered that the Receiver shall hand over possession of the land to the decree holder-respondent. Further, for implementation of the decree, it has been ordered that Superintendent of Police, Rewari shall provide necessary police help to the decree holder to ensure that decree dated 11.11.1999 is not violated by the judgment debtors and the decree holder is allowed to remain in peaceful possession of the land.

(2.) IN this case, a decree for permanent injunction was passed on 11.11.1999 restraining the petitioners from interfering in the peaceful possession of the respondent in respect of the land, which was allotted to him vide the partition order. The said decree was challenged in appeal and the same was upheld upto this Court. Regular Second Appeal No. 2715 of 2000 filed by the petitioners was dismissed by this Court on 15.1.2001.

(3.) AT the time of issuance of notice of motion, it was contended by counsel for the petitioner that the petitioners and the respondent are in joint possession of the property in dispute and the respondent-decree holder was never in exclusive possession of the suit property. On these lines, it has been argued by counsel for the petitioners that the petitioners have not violated the decree dated 11.11.1999 and the said decree is not executable.