RAM DIAL Vs. SATYA DEVI

JUDGEMENT

(1.) THE present Civil Revision Petition has been directed against the order dated 13.5.2011 passed by the learned Civil Judge (Senior Division), Nalagarh in execution petition, whereby the petitioner herein, was restrained from obstructing in the repair of sarai/Dharamshala, by changing its roof.

(2.) THE facts as emerges are that petitioner Ram Dial was plaintiff in the suit seeking permanent prohibitory injunction qua the suit land filed before the learned trial Court against the respondents on the basis of title.

(3.) THE learned trial Court in Civil Suit No. 179/1 of 2002 vide detailed judgment and decree dated 16.3.2005, decreed the suit partly restraining the respondents from interfering in other part of the suit land, in any manner, whatsoever save and except the user of the temple and sarai situated over the suit land over 0-6 marlas. It was in this context that an application for execution under Order 21 Rule 35 of the Code of Civil Procedure was moved by the respondents herein against the present petitioner and in these proceedings, the impugned order dated 13.5.2011 was passed by the Court below, whereby the petitioner herein was restrained from causing interference.