PANO DEVI Vs. BASIA RAM & ORS.

JUDGEMENT

(1.) This review petition under Section 115 of the Code of Civil Procedure (for short 'CPC') takes exception to the order passed by the learned Executing Court whereby the petition filed by the petitioner-decree-holder under order 22 Rule 32 CPC has been ordered to be dismissed.

(2.) It is not in dispute that the petitioner has filed a suit for permanent prohibitory injunction which was dismissed by the learned trial Court vide its judgment dated 01.03.2007. However, the said judgment and decree was reversed in an appeal filed by the petitioner and a decree for permanent prohibitory injunction restraining the defendants-respondents from causing any kind of interference on the boundary of the suit land comprised in khewat khatauni No. 68 min/68, khasra No. 94 and 101 kitta 2 measuring 0-40-79 hectares situated in village Narola, HB No. 510, which was adjoining to the boundary of khasra No. 103 belonging to the defendants /respondents came to be passed in his favour vide judgment and decree dated 26.03.2008.

(3.) Armed with the decree, the petitioner filed an execution petition invoking the provisions of Order 21 Rule 32, wrongly mentioned as Order 22 Rule 32 by the Executing Court, complaining that the JDs/respondents had disobeyed the decree by removing and cutting mango trees and other trees as also dismantling the Danga (wall) and taken away its stones.