ASHOK BALA Vs. SARLA DEVI

JUDGEMENT

(1.) This revision petition has been preferred by the judgment debtors against the order of the learned Civil Judge (Junior Division), Dehra passed on the application under Order 21, Rule 32 of the Code of Civil Procedure (hereinafter referred to as CPC), filed by the decree holders praying for action against the respondents for disobedience of the decree.

(2.) It is undisputed before me that the suit in which the execution proceedings were instituted was decreed in the following terms:

(3.) It is undisputed that this decree has not been reversed, varied or set aside. The plaintiff/decree holders/respondents herein pleaded that the decree has not been implemented/obeyed. The pleading was that judgment debtors have not stopped the folw of water from their shed in khasra No. 1592 towards the suit land bearing khasra Nos. 1595 and 1596 nor stopped causing damage and dampness to the Atly and foundation of the house of the plaintiff situated over khasra No.1595 or removed the wall and structure from area identified AEDGH according to the report of the Local Commissioner, aks sajra and site plan. The result was that stagnated water flowing from the land of the judgment debtors towards the suit land is causing damage to the suit property. This was the primary issue between the parties.