Jaswant Singh, J. - (1.) JUDGMENT Debtors Malkiat Singh and his wife Hamir Singh in the present revision petition under Article 227 of the Constitution have assailed the order dated 31.10.2008(P -5) whereby the learned Executing Court has found them guilty under Order 21 Rule 32 Code of Civil Procedure of violating the judgment and decree of injunction dated 17.04.2003 and directed the attachment of their property for a period of six months and further ordered their detention in civil imprisonment for a term of one month.
(2.) IT is stated that Respondent -Plaintiff Nagender Singh on 30.11.1999 had filed a suit for permanent injunction in respect of the street shown in the site plan attached with the suit and seeking to restrain the Defendants/Petitioners from blocking or creating any hindrance in the street as per the site plan. It is admitted that the suit was decreed on 17.04.2003. It is further apparent that decree holder Nagender Singh filed an application (P -2) under Order 21 Rule 32 Code of Civil Procedure for enforcing the decree in view of certain alleged construction having been raised in the street by the judgment debtors. Reply(P -3) to the same was filed by the Petitioners/J Ds wherein it was asserted that no construction had been raised, however, certain bricks lying at the said spot were existing/lying prior to the filing of the suit and which in any case were under the directions of the Panchayat. Learned Executing Court after framing of issues and adducing of the evidence by both the parties, vide impugned judgment dated 31.10.2008 found that the width of the street had been reduced from 2 Karams to 1 -1/2 karams towards the end of the street and thus held that the Respondents/Petitioners had encroached upon the street. Hence the present revision petition was filed.
(3.) VIDE interim order dated 03.02.2009 this Court while issuing notice had stayed the imprisonment of Petitioners in view of the assertion made by the Petitioners that they had since removed the said encroachment.;