DIGAMBAR RAO Vs. DHONDU

JUDGEMENT

(1.) THIS is a revision petition against an order of the Munsif of Nanded, rejecting the objection of the Petitioner -decree -holder on the ground that the claim petition of, the Respondent is maintainable under Section 372 of the Hyderabad Code of Civil Procedure, corresponding to Order XXI, Rule 97 of the Indian Code of Civil Procedure. The facts for the purposes of this revision petition are that the Petitioner had obtained with respect to the suit property a declaration of his right and a permanent injunction against one Raju Bai, the judgment -debtor. The claim Petitioner's adoptive father, it is alleged, also had obtained a decree on 29th Amardad, 1348 Fasli against the judgment -debtor and has been in possession of the suit land since last 10 years. The claim Petitioner who alleges that he is in possession of the said land after the death of the adoptive father, fearing that the revision Petitioner might execute his decree and get him dispossessed, has put in a claim petition which is the subject of this revision application.

(2.) THE short point to be considered is whether he has any such right to put in a claim petition in the execution of a decree for permanent injunction against the judgment -debtor which proceeds on the assumption that he or she is in possession of the suit land.

(3.) WHERE a decree in a suit for permanent injunction has been obtained, the mode of execution has been laid down in Section 289 of the Hyderabad Code of Civil Procedure corresponding generally to Order XXI, Rule 32. Sub -section (1) of the said Section 289 is as follows: