GRAM PANCHAYAT, OF VILLAGE PHUGLANA Vs. FAQIR CHAND

JUDGEMENT

(1.) The plaintiff-respondent filed a suit for mandatory injunction contending that the terms and conditions of compromise dated 4th August, 1980 between the plaintiff and defendants be enforced and the defendants be directed to construct a drain in the abadi of village Phuglana in the direction from East to West i.e. from C-1 to C-2 in the site plan (P-1).

(2.) The suit was contested by the defendants, inter alia, contending that the suit was not maintainable in as much as if any direction or the terms of the decree was to be implemented, the same could be got done in execution of the said judgment and decree, as it amounted to satisfaction of the decree passed earlier and in view of section 47 and Order 21, Rule 32, Code of Civil Procedure, no separate suit was maintainable.

(3.) The following issues were framed :-