- (1.) This petition is directed against the order dated 19.12.2011, dismissing the execution application filed by the petitioner/decree-holder under Order 21 Rule 32 read with Section 151 of the Code of Civil Procedure, 1908 [for short 'the CPC]. In brief, the petitioner filed a suit for declaration that he is owner in possession of about 600 eucalyptus trees standing on his land and also prayed for consequential relief of permanent injunction to restrain the defendants from interfering into his peaceful possession and also from cutting, removing and disposing of the trees.
(2.) On the pleading of the parties, as many as 8 issues were framed by the trial Court, out of which issue No.1 requires specific attention as it reads thus: - "Whether the plaintiffs are owners in possession of 600 safeda trees standing on the plaintiffs land fully detailed in para 1 of the plaint OPP"
(3.) The suit was eventually decreed on 1.5.2000. For the purpose of convenience, the claim and the decree read thus: - "A decree for declaration to the effect that the plaintiffs are owner in possession of Safeda trees 600 standing on the plaintiffs land fully detailed and mentioned in para No.1 of the plaint and with consequential relief of permanent injunction restraining the defendants from interfering into the peaceful possession over the trees in the land and also from cutting the Safeda trees and also from removing or disposing of the Safeda trees, in any way or manner may kindly be passed in favour of the plaintiff and against the defendants." "It is ordered that the suit of the plaintiff succeeds and is hereby decreed as prayed for.";