- (1.) This revision petition is directed against the order dated 21.04.2010 passed by the Civil Judge (Junior Division), Jalandhar by which application filed for execution of the decree dated 30.10.1998 has been dismissed.
(2.) In brief, the plaintiff filed suit for permanent injunction to restrain the defendants from raising any kind of construction in front of the plaintiff's passage, shown in red colour in the site plan, or in the alternative for mandatory injunction for removing any type of construction, electric connection and massonary work from the plaintiff's passage. The suit was decreed by the Trial Court on 30.10.1998. It was a composite decree, as stated by the petitioner, as not only the defendants were restrained from ***** raising any type of construction in front of the plaintiff's passage, shown in red colour in the site plan, but also a direction was given to the defendants by way of mandatory injunction to remove any type of construction, khokas, electric connection from the plaintiff's passage, which has been detailed and described in the plaint, within the period of three months from the date of the order.
(3.) The judgment and decree passed by the Trial Court was challenged by the two defendants, namely, Kuldeep Singh and Karnail Singh. The lower Appellate Court maintained the order of the Trial Court and passed another decree which reads "it is ordered that these appeals are found to be devoid of any merit and the same are hereby dismissed but no order as to costs. However the defendants are directed to remove their unauthorized construction/khokhas within a period of 90 days from today".;