Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1215 of 2018 Petitioner :- Pramod Kumar Tiwari Respondent :- Surendra Nath Pandey And 4 Others Counsel for Petitioner :- Atul Pandey,Atul Pandey Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 13.5.2014, the executing court in Execution Case No.17 of 2008, has rejected the objection filed by the petitioner under Section 47 CPC registered as Misc. Case No.224 of 2008 and the said order has been affirmed by the revisional court with the dismissal of the revision by impugned order dated 6.11.2017.
The sole contention of learned counsel for the petitioner is that the petitioner had not obstructed in the free flow of the Naali which under the compromise decree is to be kept intact and free from obstruction.
The decree, which is under execution, is a compromise decree. Concededly, the petitioner was a party to the said compromise decree.
A perusal of the impugned orders would show that the said objection has not been specifically dealt with by the courts below. The executing has only observed that it amounts to an admission on part of the petitioner that a compromise decree was validly passed which the petitioner is obliged to obey. A decree for injunction is to be executed by sending the judgement debtor, who had wilfully disobeyed the decree to civil prison or by attachment of his property. The said stage has yet not arisen, as there is no order in that regard against the petitioner.
Counsel for the petitioner submitted that the petitioner may be permitted to withdraw the instant petition with liberty reserved in favour of the petitioner to raise such an objection before the executing court.
In view of the above, the instant petition is disposed of as withdrawn with liberty aforesaid reserved in favour of the petitioner.
(Manoj Kumar Gupta, J) Order Date :- 27.2.2018 SL