JAGDISH CHAND DUA AND ANR Vs. KEHAR SINGH

JUDGEMENT

(1.) The present civil revision petition under Article 227 of the Constitution of India has been preferred against the order dated 18.11.2015 passed by learned Civil Judge (Junior Division), Bilaspur, vide which the objections filed by the petitioners in the execution proceedings have been dismissed.

(2.) The respondent-decree holder filed a suit for permanent injunction against the petitioners/judgment debtors restraining them from obstructing the respondent from cutting and removing the poplar and eucalyptus trees from the suit land. The said suit filed by the respondent/decree holder was decreed by learned trial Court vide judgment and decree dated 23.07.2014. The respondent filed an application under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for enforcement/execution of the decree dated 23.07.2014. The petitioners filed objections to the said execution petition, which have been dismissed by the learned executing Court vide impugned order dated 18.11.2015.

(3.) Learned counsel for the petitioners contended that in the garb of the decree, the respondent wants to cut the trees standing in the land of the petitioners-judgment debtors. He contended that before allowing the respondent to cut the trees, the trees should be got demarcated, so that the trees standing in the land of petitioners may not be cut.