LAWS(HPH)-2018-4-125

HARI RAM & OTHERS Vs. DROPTI DEVI

Decided On April 25, 2018
Hari Ram And Others Appellant
V/S
DROPTI DEVI Respondents

JUDGEMENT

(1.) In the present petition, filed under Article 227 of the Constitution of India, petitioners, who are the Judgment Debtors, lay challenge to the order dated 20.5.2016, passed by Civil Judge (Junior Division), Court No.6, Shimla, Himachal Pradesh, in Case No.6-10 of 2011, titled as Dropti Devi \ Hari Ram & others, rejecting the objections filed in the Execution Petition.

(2.) On 1.4.2008, suit filed by the plaintiff was decreed by the Civil Judge (Junior Division), Court No.3, Shimla. It is a decree for prohibitory and mandatory injunction. Undisputedly, the said judgment has attained finality.

(3.) The Decree Holder filed a petition, seeking execution of the said decree, way back in the year 2011, in which the Judgment Debtors filed an application, under Section 47 of the Code of Civil Procedure, resisting execution of the decree.