DINA NATH Vs. SARAL KANTA

JUDGEMENT

(1.) THIS revision petition has been filed by the Judgment Debtor against the order passed by the learned Civil Judge (Junior Division), Court No. I, Hamirpur, H.P., in CMA No. 212/1994 on 25.9.2006, in an application under Order 21 Rule 32 of the Code of Civil Procedure filed by the Decree Holder alleging disobedience by the Judgment Debtors.

(2.) THE decree holder has submitted that a decree of declaration and permanent injunction was passed in his favour on 7.8.1982 in Civil Suit No. 193 of 1979, in case titled Smt. Saral Kanta versus Dina Nath and others. After trial, a decree for declaration and permanent injunction was passed with respect to the land as detailed in the plaint. The decree having become final, breach was alleged by the plaintiff ­ decree holder alleging various acts of commission by the judgment-debtor. After trial, learned trial Court accepted the petition and passed the following order:

(3.) I was disinclined to accept the prayer made by the petitioner after going through the judgment of the learned executing Court. I am in agreement with the findings that the petitioner is guilty of willful disobedience. However, I am prompted to interfere only for the reason that the judgment debtor is 90 years of age.