HARJI RAM Vs. MOOLI DEVI

JUDGEMENT

(1.) THE petitioners are aggrieved against the order dated 25/8/2003 passed by the executing court in Execution Case No. 4/2003.

(2.) BRIEF facts of the case are that non-petitioner No. 1 Smt. Muli Devi filed a suit for prohibitory and mandatory injunction against the defendants-appellants and respondents No. 3 and 4 who are Urban Improvement Trust, Jodhpur and Municipal Corporation, Jodhpur. The case of the plaintiff as pleaded by her is that she is owner of the house situated on plot No. 144 of Maderna colony, Bhadwasia, Jodhpur, which she purchased by registered sale-deed dated 7/2/1994. The defendant Nos. 1 and 2 on an open land (ditch) towards the eastern side of the house of the plaintiff and which is situated towards north side adjoining to road forming a corner, encroached upon and raised a temporary construction for their residence despite having no right to do so. ON 24. 4. 1997, the defendant Nos. 1 and 2 on spot gave some instructions to the contractor, upon which the plaintiff came to know that they will raise pukka constructed house. According to the plaintiff, it will obstruct the air and light of the plaintiff's windows and ventilators and the plaintiff has since every right to use the open government land, therefore, the defendants be restrained from raising any construction and the defendants No. 3 and 4 may be directed to remove the encroachment of the construction by defendants No. 1 and 2.

(3.) THE decree holders submitted reply to the objections and submitted that the decree is not nullity or inexecutable. In reply to the judgment debtors allegation about the identity of the property, the decree holders after denying the allegations stated that the judgment debtors did not read the decree properly. However, the decree holder herself could not give specific reply about the allegations of the judgment debtors about not mentioning of facts to identify the property and even did not disclose the measurements of the property, its neighbourhood and its any plot number to identify the property nor plaintiff could give area of the plot or particulars of the construction sought to be removed by executing the decree.