JUDGMENT

ARUN MISHRA, J.

1. Leave granted.

2. Singular question involved in the matter is executability of decree for permanent injunction against the legal representatives of judgment-debtor.

3. A suit was filed by the appellant registered as Original Suit No.83/2007 in the Court of II Additional Civil Judge, Kundapura, with respect to immovable property described in Schedule ‘A’ of the plaint. The plaintiff got converted the land for non-agricultural/residential purposes. The plaintiff was in possession and enjoyment of the property and defendant had no concern with the same. However, he tried to remove and destroy the wooden fence and made an effort to forcibly dispossess the plaintiff. Hence the suit was filed. The defendant had denied the averments and contended that there was no division of the land and had asserted his ownership and possession. The conversion order of land was also illegal.

4. It was found on the basis of the registered partition deed that the suit schedule property was allotted to the plaintiff and he was in possession thereof. The defendant on partition in his own family had been allotted 1.58 acres and defendant has sold 1.68 acres of land, though the lan