By means of this writ petition the petitioner has come up to this Court challenging the order of the executing court in Execution Case No. 1 of 2011 in which the petitioner has filed his objection which was rejected by order dated 7.3.2013. It appears that the petitioner thereafter preferred an appeal which has also been rejected.Hence, this writ petition.
It is submitted that a compromise decree was passed in Original Suit No. 477 of 1991 by decree dated 12.8.1991. By the said compromise the defendant-petitioner was restrained and was directed to remove obstruction from the passage, such as, water tap and some trees.
Learned counsel for the petitioner submits that the decree was satisfied and the petitioner-defendant and the plainitff-respondent were living peacefully. Suddenly, after 19 years an execution case has been filed in January, 2011 wherein the petitioner filed his objection that no obstruction is being caused on the suit property and secondly the execution case has been filed after 19 years, which is barred by limitation as the compromise decree is not of perpetual injunction but merely a mandatory injunction and the period of limitation is 12 years. The court below disagreeing with the submission held that such decree was of the perpetual injunction and limitation would not come in the way for the execution of decree. Learned counsel for the petitioner further submits that the compromise is not a decree in true sense and after 19 years filing of execution case is only to harass the petitioner.
The matter requires consideration.
Issue notice to the respondent returnable at an early date.
The respondents may file counter affidavit within three weeks.
The petitioner shall take steps for service of notice upon the respondent within a week.
List after service of notice.
Till the next date of listing, the operation of the impugned orders dated 7.3.2013 and 13.5.2014 and the further proceedings in Execution Case No. 1 of 2011 shall remain stayed.
Order Date :- 15.7.2014 SKM