Raj Mohan Singh, J. - (1.) Petitioner has assailed order dated 13.09.2016 passed by Civil Judge (Jr. Divn.) Ludhiana whereby petition under Order 21, Rule 32 CPC filed by the petitioner was dismissed.
(2.) Petitioner filed a civil suit No. 122 of 15.05.1993 against the respondents for declaration and permanent injunction in respect of the suit land. Similarly, the respondents also filed civil suit No.216 of 10.05.1993 against the petitioner for permanent injunction restraining the petitioner from interfering and encroaching upon the land and also restraining from installing a door in the wall. Both the aforesaid civil suits were clubbed and were decided vide common judgment. Civil suit filed by the petitioner was decreed and the civil suit of the respondents was dismissed. It was concluded in the suit filed by the petitioner that the petitioner was owner in possession of the property as shown in yellow colour in the site plan Ex.DW-4/A. Permanent injunction was also granted against the respondents, restraining them from interfering in the possession of the petitioner. The judgment and decree was passed by the trial Court on 06.10.2006. The respondents filed civil appeals before the lower Appellate Court and the same were dismissed by the lower Appellate Court on 25.08.2008. Thereafter Regular Second Appeals were filed before this Court, however nothing was traced viz-a-viz. the listing of the appeals as per knowledge of the petitioner.
(3.) Petitioner filed petition under Order 21, Rule 32 CPC for the violation of the decree in question by the respondents. Trial Court dismissed the said petition on the premise that the petitioner has failed to prove the date, time and manner of interference caused by the respondents in order to violate the judgment and decree passed by the trial Court. Merely because the defendant stated in his cross-examination that he was not bound down to comply with the order, does not mean that the judgment and decree was violated by him, at any particular juncture. Since the petitioner not specified any particular incident with reference to date, time and manner of occurrence in the petition, therefore, the cause of action for filing petition under Order 21, Rule 32 CPC cannot be advanced.;