RADHA KRISHAN ALIAS KISHNU Vs. INDER RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned Civil Judge (Senior Division), Hamirpur in execution petition No. 15 of 2006 dated 28.12.2007 whereby the petitioner has been found guilty for disobedience of judgment and decree passed by the Civil Judge (Senior Division), Hamirpur dated 20.9.2004.

(2.) MATERIAL facts necessary for the adjudication of this petition are that respondent-plaintiff Inder Ram (hereinafter referred to as 'plaintiff for convenience sake) instituted a suit for mandatory injunction and permanent prohibitory injunction against the petitioner Radha Krishan and proforma respondents Tara Chand and Pritam Chand bearing RBT No. 413 of 1999/250 of 1995. The suit was decreed by the learned Civil Judge (Senior Division), Hamirpur on 20.9.2004. Operative portion of the judgment dated 20.9.2004 reads thus:

(3.) PETITIONER has been granted opportunities by the executing court to obey the decree. Objections filed by the petitioner have been rejected by the executing court on 26.8.2006. The executing court has taken into consideration the statements made by the petitioner (RW-1) Radha Krishan, RW-2 Tara Chand, RW-3 Pritam Chand and RW-4 Devi Dass. The executing has also taken into consideration the report of the Local Commissioner, who was appointed by this Court in CMPMO No. 77 of 2007.