KESAR SINGH Vs. LAXMI SINGH

JUDGEMENT

(1.) THIS Revision Petition is directed against the judgment dated 31.8.2010 passed by the Additional District Judge, Sirmaur District at Nahan in Civil Miscellaneous Appeal No. 16 -N/14 of 2009.

(2.) MATERIAL facts necessary for the adjudication of this petition are that Respondent -decree holder (hereinafter referred to as 'decree holder ' for convenience sake) instituted suit No. 58/1 of 2000 against the Petitioner -judgment debtor (hereinafter referred to as 'judgment debtor ' for convenience sake) in the court of Civil Judge (Senior Division), Sirmaur District at Nahan. Judgment debtor was stopped from interfering in the suit land, as detailed in the plaint, by the Civil Judge (Senior Division) vide judgment dated 23.6.2001. Judgment debtor preferred an appeal against the judgment and decree dated 23.6.2001. The same was dismissed. According to the decree holder, judgment debtor started interfering in the suit land by removing the fencing on 10.7.2005 and also by cutting the grass and damaging the ginger crop. Decree holder filed execution petition in the court of learned Civil Judge (Senior Division). Judgment debtor filed reply to the execution petition. He denied that he has interfered with the suit land or has destroyed the fencing or ginger crop. According to him, he is a law abiding citizen. No rejoinder was filed. The issues were framed by the learned Civil Judge (Senior Division). Executing Court allowed the execution petition by holding that the judgment debtor has violated the judgment and decree passed by the court on 23.6.2001. Judgment debtor was directed to be kept in civil imprisonment for a period of one month and his property was also ordered to be attached. Judgment debtor filed an appeal before the District Judge, Sirmaur. He dismissed the same on 31.8.2010.

(3.) MS . Shikha Thakur has supported the judgment passed by both the courts below.