SAT PARKASH Vs. SURESH CHAND AND ORS.

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order dated 18th February, 2010 passed by the learned Additional District Judge (II), Kangra at Dharamshala, whereby he affirmed the order of the learned Civil Judge, Sr. Division, Jawali, District Kangra dated 27th April, 2006 dismissing the application under Order 21 Rule 32 Code of Civil Procedure filed by the present Petitioner (hereinafter referred to as the decree holder).

(2.) THE undisputed facts are that the decree holder obtained a decree against the Respondents (here -in -after referred to as the judgment debtors) whereby the Respondents were restrained from raising any construction over the suit land or blocking the path of the applicant till the property is partitioned in accordance with law. It appears that the passage was blocked by the Respondents by raising a wall. Thereafter, contempt petition was filed by the decree holder. During the course of this contempt proceeding, the wall was demolished and the judgment debtors made a statement during contempt proceedings that they would not raise any construction.