KRISHAN LAL Vs. VINOD KUMAR

JUDGEMENT

(1.) Judgment was passed in File No.46/Civil Suit on 22.08.2013. Operative part of the same which is relevant for the adjudication of the controversy involved in this petition under Section 104 of the Constitution of Jammu and Kashmir is reproduced hereunder:-

(2.) The entire controversy revolves around the distance of three feet space between the roof of house of judgment debtor i.e. respondent herein and the house of the plaintiff i.e. petitioner herein for the. 1st and 2nd floor. The matter came up before the learned Executing Court by way of an application filed by the judgment debtor as well as the decree holder, both alleging non-compliance by the other side with the judgment and decree of the learned Civil Court dated 22.08.2013. Both applications were disposed of vide order dated 16.12.2014 by holding that the judgment debtor was ready and willing to leave three feet space between the roof of his house and the house of the decree holder and had also undertaken not to close the light and air of the house of decree holder coming through the windows of the first and second floor of his house, rather it was the decree holder who by giving a misinterpretation to the judgment and decree was not allowing the judgment debtor to lay the roof of his house even after leaving three feet space between the roof of his house and the house of the decree holder. Both parties were directed to strictly adhere to the decree as interpreted in the order and in case of any violation or hindrance in the smooth execution of the decree on spot by either parties, the other party was granted liberty to approach the SHO, Police Station, Bhaderwah to ensure compliance of the decree in the manner as described in the order. Relevant extract of the aforementioned observation of the learned Executing Court is reproduced hereunder:-

(3.) The manner in which the learned Executing Court required the decree to be executed is also reproduced hereunder:-