SHIV RAM Vs. TARA DUTT

JUDGEMENT

(1.) The decree holder/petitioner has questioned the order dated 21.05.2014 passed by the learned Civil Judge(Senior Division), Solan, in Application No.34/10 of 2010 titled Shiv Ram versus Tara Dutt whereby the execution application under Order 21 Rule 32 of the Code of Civil Procedure(for short 'Code') filed by the petitioner has been ordered to be dismissed.

(2.) Undisputedly, a judgment and decree came to be passed in favour of the petitioner whereby his claim for permanent prohibitory injunction against the respondent was decreed and the respondent was restrained from causing any interference in the suit land in any manner. However, the rest of the claim in the suit of the petitioner for mandatory injunction was dismissed. On the other hand, the counter-claim raised by the respondent was also dismissed as would be apparent from the judgment and decree dated 06.08.2008 passed in Civil Suit No.3/1 of 2005 titled Shiv Ram versus Tara Dutt.

(3.) The petitioner preferred an application under Order 21 Rule 32 of the Code, the relevant portion whereof reads as follows:-