NARINDER SINGH Vs. MAYA DEVI

JUDGEMENT

(1.) Challenge in this revision petition is. to the order passed by the learned Civil Judge, Junior Division, Hoshiarpur, dated 2.8.1997.

(2.) The basic contention raised on behalf of the petitioner is that the provisions of Order 21 Rule 32 of the Code of Civil Procedure had no application to the facts of the present case and the learned executing court ought not have issued the warrant of possession. In order to examine the merits of this contention, reference to a few facts would be necessary.

(3.) A decree for permanent prohibitory injunction was passed in favour of the decree-holders restraining the judgment-debtors from interfering in the peaceful possession of the plaintiffs. The decree was passed on 9.3.1989. Appeal against the said decree was dismissed by the learned Additional District Judge, Hoshiarpur on 4.3.1994. According to the applicant-decree holders, judgment-debtors had ample opportunity to comply with the decree but' they continued to interfere in the suit property and even raised some temporary structure over the suit property during the pendency of the appeal. Thus, it was prayed that for defaulting with the compliance with the decree, the judgment debtors should be detained in civil prison and their property should be attached and other ancillary orders be passed.