JADI DEV AND OTHERS Vs. KRISHAN LAL THAKUR

JUDGEMENT

(1.) The plaintiff/decree holder, had, instituted a suit for permanent prohibitory injunction against the defendants. However, during the pendency of the apposite civil suit, a compromise was arrived at interse the parties at contest. A compromise decree borne in Ext. PW1/F, was, pronounced by the learned trial Court concerned. The compromise decree enjoined, upon, the contesting parties to, in hereinafter extracted manner, mete compliance therewith:

(2.) Since the defendants purportedly, omitted, to mete compliance, with, the mandate of the compromise decree, (i) thereupon the plaintiff was constrained, to, institute before the learned executing Court, an application borne under the provisions of Order 32 Rule 27 CPC, seeking therein direction(s,) upon, the defendants for his meteing compliance therewith, besides upon his infracting the apposite applicable vis-vis him, mandate(s) of the compromise decree, his being directed to suffer civil imprisonment. The purported non-compliance(s) by the Judgment Debtor, specifically appertaining to (i) purported deviation(s) being meted by him in his holding construction, upon, property owned and possessed by him, (ii) besides his, though, being injuncted, his not relegating, the status of the property owned by him to a stage, vis-vis the year 1994 (iii) were hence disaffirmatively adjudicated upon by the learned executing Court. The learned Executing Court, in making disaffirmative pronouncement(s) thereon, it placed reliance, upon, the testification(s) rendered by RW-2, wherein he echoed of the apposite sanction plan(s), borne respectively in Ext. C-2 and in Ext. C3, AND as appended with the compromise decree, standing not infringed at the site of construction, by the defendants, (iii) importantly despite, his standing subjected to an ordeal, of, a rigorous crossexamination, by the counsel for the plaintiff/decree holder, his therein omitting to make any communication(s) in support, of, the plaintiff/decreeholder. Consequently, imputation(s) of reliance by the learned Executing Court, upon, the testification of RW-2, for its hence declining the relief(s) vis-vis the Decree Holder emphatically vis-vis the Judgment Debtor, infracting the apposite mandate, of the compromise decree, sparked, by his purportedly deviating from, site plan(s), respectively borne in Ext. C-3 and in Ext. C-4, AND qua his purportedly not maintaining the status held by him upon the land, owned and possessed by him, specifically vis-vis the year 1994, hence obviously does not merit any interference.

(3.) Be that as it may, a perusal of the mandate(s) of the compromise decree , rendered, by the learned trial Court, unveil(s) of the contestants' ensuring proper drainage system, for, ensuring that any waste water or other domestic effluents, are, properly discharged and not to cause any type, of, damage to the houses of the parties, (i) thereupon the decreeholder enunciated, in, the execution petition, of, the JD in infraction thereof, not maintaining proper sewerage system, hence his house being rendered unsafe for habitation. One Kavita Thakur, the Local Commissioner concerned, had, rendered a testification inconsonance therewith. However, the learned Executing Court, merely, on anvil of a grossly specious reason(s), of, the compromise decree, not, making any articulation with respect to the contesting parties maintaining sewerage pipe(s), hence declined relief in respect thereof. Nonetheless, the aforesaid declining, of, relief(s) to the decree holder, is, a sequel of the learned executing Court, making, gross misreading(s), of the apposite mandate, of, clause-VIII of the compromise decree, wherein, both the contesting parties, were, rather enjoined to construct a proper drainage system, besides were enjoined to ensure proper discharge, of domestic effluents, thereupon, the encumbering(s), of, aforesaid liabilities upon each of the contesting parties also encompassed therein, the concomitant liability(s), of, each maintaining efficient effluent sewerage line(s).