ANIL KHAJURIA Vs. AVINASH CHANDER

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 17.9.2003 propounded by Sub Registrar, Jammu, in execution proceedings whereby the plea taken by the petitioner, one of the judgment debtors, in his objections regarding the maintainability of execution proceedings on the ground that the decree is a nullity being hit by the principle of resjudicata, has been declined and the objections over -ruled.

(2.) A decree for permanent injunction, restraining the defendants/judgment debtors from interfering with or demolishing or damaging the suit wall or closing the ventilators and passages of the demise premises with a further order to pay Rs. 500/ - as compensation to the plaintiff on account of damages caused to the suit wall, passed on 10.12.1988 , however, came to be modified by the IInd Additional District Judge, Jammu, in his order dated 24.09.1994. The decree, however, was not fully satiated and only release of damages has been satisfied, and decree pertaining to relief of mandatory injunction was yet to be satisfied. In a petition seeking execution of a part of the decree, which still remain unsatisfied, show cause notices were issued to the judgment debtors as to why they should not be put to civil prison for non compliance of the decree.

(3.) MR . Anil Khajuria, one of the judgment debtors, however, filed objections and assailed the execution of the decree on the ground that it is a nullity being hit by the principle of resjudicata alongwith other objections on merits.