KISHORE SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) By way of instant petition, the petitioner has taken exception to order dtd. 28/1/2010 passed by the learned Civil Judge, Court No.II, Amb, District Una, H.P., in Execution Petition No.18/2013, whereby the application of the petitioner/decree holder under Order 21, Rule 32 of the Code of Civil Procedure (for short "Code") has been dismissed.

(2.) Petitioner herein is the decree holder in whose favour decree dtd. 25/7/2012 in Civil Suit No.193 of 2006 has been passed by the learned Civil Judge ( Junior Division) Court No.II, Amb in following terms:-

(3.) It is evident from the averments made in the application under Order 21, Rule 32 of the Code as also the reply filed thereto that the aforesaid decree was challenged by way of Civil Appeal No. 53 of 2012 and the learned Additional District Judge, Una, vide judgment and decree dtd. 13/3/2013 had set aside para-23(2) of the decree whereas the decree for permanent prohibitory injunction was affirmed.