RAJ KUMARI Vs. SURESH KUMAR

JUDGEMENT

(1.) The Petitioners-decree holders are aggrieved by the order dated 16.6.1999 passed by the Sub Judge 1st Class, Palampur, District Kangra, (hereinafter called 'the Executing Court') whereby the objections filed by the judgment debtors have been allowed and the execution filed against the Defendants-judgment debtors has been dismissed as in executable. According to the Executing Court, the decree under execution is only a declaratory decree; whereas the decree-holders intend to execute it as a decree for mandatory injunction to remove and demolish the shop over the path in question.

(2.) This Court has heard the learned Counsel for the parties and gone through the record.

(3.) This case has a chequered history. The decree holders had filed a Civil Suit No. 242/1974:381/1970 to the following effect: