LEGAL REPRESENTATIVES OF MAGA RAM Vs. KANA RAM

JUDGEMENT

(1.) This revision petition has been filed against the order of the learned Munsif cum Judicial Magistrate, Ladnu dated 21/07/1993 by which he has dismissed the objections of the judgement-debtor-petitioners against the execution of the decree passed against them. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) On 20/09/1983, a decree for injunction was passed in favour of the decree-holder-non-petitioners against the judgement-debtor-petitioners directing them to remove the encroachment effected by them on the disputed open land. They were also prohi-bited from making encroachment upon it in future. The encroachment existing at the time of passing of the decree was removed through the execution of the decree. Thereafter, the judgement-debtor-petitioners again made encroachment upon the disputed land. The decree-holder moved third execution applica-tion for its removal. The judgement-debtors raised several objections. Firstly, the decree had already been satisfied, secondly the execution application is time barred, thirdly, without giving an opportunity to them the executing Court had no jurisdiction to pass order for the removal of the encroachment and fourthly, no fresh encroachment has been made by them. After hearing the learned counsel for the parties, the learned executing Court dismissed all the objections by its order under challenge.

(3.) A perusal of the decree under execu-tion shows that it was for mandatory as well as for prohibitory injunction. It stood satisfied so far it concerned with mandatory part of the injunction by the removal of the encroachment existing on the disputed land on the date on which it was passed. The decree in respect of prohibitory injunction was subsisting even after the disposal of first and second execution applications. The third execution application has been moved for the execution of the decree in respect of the prohibitory injunction. It is perfectly executable under O. XXI, R. 32, C.P.C.