ABDUL AHMAD SOFI Vs. GHULAM AHMAD SOFI

JUDGEMENT

(1.) A printers devil in a Statute Book can play havoc with the rights of the parties who come to the Court of law to seek resolution of their disputes.

(2.) An Execution Petition was filed by the Respondent before the trial Court seeking execution of a decree for permanent injunction dated 25-6-1996. The Respondent had instituted Civil Original Suit against the Petitioner with the prayer that by issuance of a decree for permanent injunction, Defendants 1 to 3 in the suit, be perpetually restrained from demolishing, blocking or otherwise interfering with the drain shown as mark (B) in the Site Plan appended to the Plaint, which was being used as an outlet of waste water by the Plaintiff from its residential house. A decree for permanent injunction was also sought against the Defendant No. 4 to restrain him from demolishing the drain or causing obstruction in the flow of waste water through the drain which would emanate from the residential house of the Plaintiff.

(3.) On contest, the Plaintiff suit was decreed and the learned Trial Judge passed a judgment for permanent injunction perpetually restraining the Defendants from demolishing or blocking the suit drain used for drainage of waste water from the Plaintiffs residential house running through the courtyard of Defendants 1 & 2 shown as mark (B) in the Site Plan appended with the plaint.