AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 203 wordsSanjay Yadav, J.—Heard on admission.
Order dated 30.4.2007 passed in MJC No. 14/2006 by First Civil Judge, Class-II Khurrai, is being assailed vide this writ petition.
That a suit for permanent injunction filed by the petitioner in respect of House No. 182 area 70.5 square meters part of plot no. 11 and 12 situated in Shivaji Ward, Bina, was decreed vide judgment and decree dated 23.10.1989 against the respondents in the following terms-
Alleging that the judgment debtor has failed to obey the decree, petitioner filed an application under Order 21 Rule 32 Code of Civil Procedure, 1908 contending that the Judgment Debtor manipulated in getting a notice issued from Municipal Council Bina on 21.7.1995 for demolition of boundary wall. The judgment debtor denied the allegation that they have demolished any house or the wall as alleged. Trial Court framed following issues-
And on the finding that the Decree holder having failed to prove that the Judgment Debtor has willfully disobeyed the Decree, decline to take any cognizance. The trial Court observed-
These findings being not demolished by the petitioner by cogent material evidence, no interference is called for.
Consequently, revision fails and is dismissed. No costs.