NABIB ALI SHAH Vs. MAAN SINGH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 17.11.2012, passed by the learned Civil Judge (Senior Division), Chamba, Himachal Pradesh in CMA No. 54/09, whereby learned Court below, while allowing application under Order 21 Rule 32 CPC, having been filed by the respondent- Decree Holder, has ordered for detention of the petitioner- judgment debtor in civil imprisonment for a period of one month and attachment of his property.

(2.) On 25.5.2013, respondent despite having received notice, failed to put in appearance and as such matter came to be admitted. Record reveals that an actual date notice was sent to the sole respondent for 15.5.2017, but despite that respondent chose not to remain present, as such, this court has no option but to decide the case at hand on the basis of material available on record.

(3.) Precisely, the facts of the case, as emerge from the record are that the respondent/Decree Holder filed a civil suit bearing No. 49/07, before the civil court, praying therein for permanent prohibitory and mandatory injunctions against the petitioner/judgment debtor, which was dismissed vide judgment and decree dated 29.11.2008. Respondent/Decree Holder preferred an appeal before the learned Additional District Judge, Fast Track Court, Chamba, which came to be registered as Civil Appeal No. 2/09. The aforesaid appeal ultimately came to be allowed vide judgment and decree dated 8.4.2009. Vide aforesaid judgment and decree, suit of the respondent/Decree Holder was decreed and petitioner/ judgment debtor was directed to remove the stones, debris etc. thrown over the suit property and restore the site to its original position, within a period of one month from the date of decree. Since the petitioner/judgment debtor despite lapse of one month, failed to comply with aforesaid judgment and decree, respondent/Decree Holder filed an application under Order 21 Rule 32 CPC (Annexure P/2), in the court of learned Civil Judge (Senior Division), Chamba, District Chamba, praying therein for detention of the judgment debtor in civil imprisonment or for attachment of his property, for disobedience of judgment and decree dated 8.4.2009 passed by the learned Additional District Judge, Fast Track Court, Chamba in Civil Appeal No. 2/09.