RAJESH SHANKAR,J. - (1.) Heard learned counsel for the parties.
(2.) The plaintiffs-respondents filed an application in the Court of Munsif, Jamshedpur for amendment of the original Execution Case No. 52 of 1999 filed on 29.07.1999 praying that the relief prayed in Column no. 10 of the original execution petition may be deleted and in its place, the following sentences may be inserted: "As per decree and judgment of the 1st Appellate Court, the Nazir of the court may kindly be directed to compel the judgment-debtors to hand over a duplicate key of the iron gate illegally constructed by them on the extreme northern portion of the south alley to the D.Hrs. and the Nazir be also directed to compel the judgment-debtors to demolish the pucca stair-case illegally constructed by the judgment-debtors in the suit-alley in between the respective houses of the D.Hrs. and J.Drs. with Police help and if the J.Drs. are not willing to do, the D.Hrs. be allowed to demolish the same with his own mason and labourers in their presence and the cost of which shall be realized by the D.Hrs. later on from the J.Drs. on furnishing account of the same."
(3.) Learned counsel for the defendants-petitioners submits that so far as the first part of the amendment sought by the plaintiff-respondents, there is no infirmity in the same. However, so far as the second part is concerned, which reads as ".....Nazir be also directed to compel the judgment-debtor to demolish the pucca stair case illegally constructed by the judgment-debtors in the suit alley in between the respective houses of the D.Hrs. and J.Drs. with Police help and if the J.Drs. are not willing to do, the D.Hr.s be allowed to demolish the same with his own mason and labourers in their presence and the cost of which shall be realized by the D.Hrs. later on from the J.Drs. on furnishing account of the same.", is contrary to the judgment dated 22.06.2005 passed in Title Appeal no. 31 of 1999 and 33 of 1999 by the 1st Additional District Judge-East Singhbhum, Jamshedpur.;