SUDARSHAN DEVI Vs. TARA CHAND

JUDGEMENT

(1.) THE challenge herein in this revision petition under Section 115 of the Code of Civil Procedure, 1908 (in short 'CPC') is against the order dated 06.12.2007, passed by the learned Civil Judge (Senior Division) Kullu, Himachal Pradesh, whereby the execution petition filed by the petitioners-decree holders against the respondents-judgment debtors under order 21, Rule 32 CPC, has been dismissed.

(2.) ACCORDING to the petitioners-decree holders, they had filed Civil Suit No. 195 of 1995 against the respondents-judgment debtors for grant of a decree of perpetual prohibitory injunction seeking to restrain them from raising any construction and changing the nature of the suit land measuring 0-10 biswa, comprised of khata/khatauni Nos. 511 min/927, khasra No. 6814/4265, situate at Phati Shilihar, Kothi Kotkandi, Tehsil and District Kullu, H.P., which is joint of the parties, till the same is partitioned. The suit was decreed on 28.11.2000. However, even despite passing of the decree they constructed a wooden 'khokha' on a portion of the suit land and tried to change nature thereof. The respondents-judgment debtors were asked to desist from there such unlawful acts, but without any result. It was further averred that the respondents-judgment debtors have intentionally and deliberately disobeyed the decree passed by the court and as such the structure raised by them over the suit land is liable to be dismantled and removed at their cost and expenses and their property is liable for attachment.

(3.) ON the pleadings on behalf of the parties, the following issues were framed by the learned court below: