FAHMEEDA Vs. AB RASHID ZAINDARI

JUDGEMENT

(1.) HEARD . The petitioner has assailed order -dated 27.10.2004 passed by Ld. First Additional Munsiff, Srinagar in the execution petition titled Ab. Rasheed Zaindari v. Mst. Fehmeeda.

(2.) IT appears that a decree for restitution of conjugal rights has been passed by Ist. Additional Munsiff Srinagar on 20.11.2002 in the suit titled Ab. Rasheed Zaindari v. Mst Fehmeeda in file No. 26/N date of institution 3.5.2001 and date of decision 20th of Nov. 2002 and defendant No. 1, petitioner herein, stands commanded to perform the marital relationship with the plaintiff and the plaintiff, respondent herein, stands directed to take proper care of defendant No. 1.

(3.) IN order to execute the said decree, the respondent has moved execution petition before the executing court and the executing court has passed the impugned order. Considered. It is profitable to reproduce Order 21 Rule 32 sub clause (1) of CPC herein: -