KAMAL MOHAN CHAUHAN AND ANOTHER Vs. VINOD BHATIA

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 10.3.2014 [Annexure P/4] whereby, application under Order 21 Rule 32 CPC filed by the respondent was allowed and the property of the petitioners was ordered to be attached.

(2.) Relevant facts of the case for the purpose of decision of this petition; that the respondent filed an application under Order 21 Rule 32 CPC taking the plea that he had filed a suit for permanent injunction to restrain the present petitioners from damaging in any manner the eastern wall and the staircase of the shop No. WD-173/5-II situated at Ali Mohalla, Jalandhar shown in red colour in the site plan . Earlier, Civil Suit No. 233 of 2005 was decreed on 22.12.2006 thereby restraining the respondents from damaging in any manner the eastern wall and the staircase of the shop in question. However, the respondents willfully disobeyed the judgment and decree. They placed two beams of the ground floor lintel of their own shop and affixed two Parnalas from the roof of the shop in question. They also installed water connection pipe by boring through the said wall and installed a tap.

(3.) The application was contested thereby taking the plea that the same was filed with mala fide intentions just to harass the respondents. In fact the respondents never disobeyed the decree passed by the Court and had not caused any damage to the eastern wall and staircase by doing any act.