Rakesh Kumar Jain, J. - (1.) THIS revision petition is directed at the instance of the judgment -debtors against the order dated 12.03.2014 by which the Executing Court has passed the order of attaching the property of the petitioners by issuing warrants of possession. The Trial Court had passed the decree on 09.09.2000, which reads as under: - It is ordered that the suit is hereby decreed and a decree for permanent injunction is hereby passed in favour of the plaintiff and against the defendants for restraining the defendants from interfering in plot no. 105 and an area of 76 sq. yards towards northern side of plot no. 398 and 400 as mentioned in the Local Commissioner report dated 26.03.1999. Suit decreed with costs.
(2.) THE plaintiff filed application under Order 21 Rule 32 CPC on the ground that the aforesaid decree has been disobeyed as the petitioners have raised construction on the area measuring 76 sq. yards towards northern side of plot no. 398 for which they were restrained. In the said application, after pleadings were over, two issues were framed by the learned Executing Court and after granting opportunity to both the parties to lead their respective evidence, a firm finding has been recorded that the defendants/judgment -debtors have encroached upon the area of 76 sq. yards comprising in plot no. 398 belonging to the decree -holders.
(3.) COUNSEL for the petitioners has vehemently argued that there is an error of appreciation by the Executing Court because, according to him, the area of 76 sq. yards towards northern side was pertaining to both the plots, whereas plot no. 400 has ample space in which area of 76 sq. yards has not been encroached upon.;