BABU RAM Vs. BADRI VISHAL

JUDGEMENT

(1.) This revision is filed under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') against the order passed by the Sub Judge, 1st Class, Karsog, District Mandi, on November 11, 1998 in Execution Petition No. 19-X of 1995.

(2.) The petitioner is the original judgment debtor and respondent is the original decree- holder. It appears that a Civil Suit was filed by the respondent and a consent decree was passed by the learned Sub Judge on July 11, 1992. The operative part of the said decree reads as under:

(3.) It was the case of the respondent-decree holder that in spite of the decree passed in his favour and against the present petitioner/ judgment-debtor, the decree had not been complied with by the judgment debtor and accordingly execution application was filed by decree- holder in the competent court on September 30, 1995. In the application, it was alleged that the judgment-debtor had agreed not to construct septic tank or to make any other construction nor to discharge filthy water of the septic tank in the land comprised in Khewat Khatauni No. 95/172, Khasra Nos. 1453, 1242, 828, Kitas 3, admeasuring 0-10-2 bighas, situate in Mohal Karsog, District Mandi, HP. As per the averment made by the decree- holder, despite decree and undertaking, the judgment-debtor wilfully, knowingly and intentionally violated them. Hence, an appropriate action is required to be taken against him in accordance with the provisions of Order 39, Rule 2A, of the Code. According to the decree-holder, judgment debtor constructed septic tank and filthy water used to pass through the land of the decree-holder.