LAWS(RAJ)-2015-4-95

RAMESHWAR LAL Vs. BHANWAR LAL AND ORS.

Decided On April 22, 2015
RAMESHWAR LAL Appellant
V/S
Bhanwar Lal And Ors. Respondents

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner against order dated 10.10.2013 passed by the executing court, whereby, the application filed by the respondents has been accepted and the trial court has directed registering objections filed by the respondents separately and has stayed the proceedings in the execution case till disposal of the said objections.

(2.) A suit for permanent injunction was filed by the petitioner on 13.09.2004; on 16.10.2004 a compromise was filed before the trial court, inter alia, indicating that the plaintiff had purchased the suit property from defendant No. 1 through registered sale deed dated 13.06.1984, regarding which, the matter has been settled between the parties in the spirit of Lok Adalat; as per compromise, the defendants have no objection regarding the land transferred through sale deed dated 13.06.1984 whose sole owner is and would be the plaintiff, who is in possession; the defendants would not interfere in the use of the land purchased by the plaintiff.

(3.) THE petitioner filed execution proceedings under Order XXI, Rule 32 CPC on 20.03.2013, inter alia, alleging that the decree holder wants to construct boundary wall around the suit property, which was being obstructed by the judgments debtors and, therefore, police protection be provided so as to enable the decree holder from raising the boundary wall; other reliefs regarding arrest; sending to civil jail and attachment of property of the defendant were also sought.