HARI PRASAD KABRA Vs. RAM GOPAL

JUDGEMENT

(1.) Petitioner-judgment debtor by this petition has invoked supervisory jurisdiction of this Court to assail the impugned orders (Annex.9) & (Annex.10) passed by learned Civil Judge (Jr.Division), Kuchaman City District Nagaur in execution case No. 4/2005.

(2.) Facts in brief giving rise to this petition are that petitioner-judgment debtor filed a civil suit for perpetual and mandatory injunction against the respondents before the learned Civil Judge (Jr.Division), Kuchaman City. The suit is contested by the respondent and in the written statement, a counter claim is also made seeking mandatory injunction against the petitioner to permit him to make necessary repairs of the northern wall of the house from its posterior side by plastering etc. The said prayer in the counter claim was made precisely on the ground that the wall in question is in dilapidated condition and if it is not repaired in time, it may collapse. The learned Civil Judge after considering the matter threadbare dismissed the suit filed by the petitioner-plaintiff but counter claim of the respondent is decreed with a direction to the petitioner-plaintiff not to disturb and cause any hindrance in carrying out requisite repairing work of this northern wall.

(3.) Feeling dismayed with the judgment and decree passed by the learned Civil Judge, the petitioner preferred first appeal before the Additional District Judge, Parbatsar and the Additional District Judge, Parbatsar vide its judgment and decree dated 04.12.2007 affirmed the judgment and decree of the learned Civil Judge. After decision of the learned Civil Judge, the respondent decree-holder laid execution petition but the proceedings remained halted in the execution case due to pendency of the appeal and after dismissal of the appeal of the petitioner, the learned Executing Court proceeded with the execution of the decree. Before the Executing Court, on behalf of the petitioner, objections were submitted and all the objections were rejected by the Executing Court to facilitate the execution of the decree. When the endeavour was made by the respondent decree-holder for carrying out necessary repair work of the northern wall, an application was submitted before the learned Executing Court for providing police aid and permitting him to carry out the necessary repairing work in presence of a lady constable. The learned Executing Court by its order dated 27.01.2009 while considering the prayer of the respondent decree holder and the report of Assistant Nazir provided police aid for execution of the decree. The order to this effect passed by the learned Executing Court is assailed by the petitioner before this Court by preferring CWP No. 1773/2009. When the petition came up for hearing before the Court on 23.07.2013 as agreed by learned counsels appearing for both the parties, the petition was disposed of with following observations:-