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PRANAY VERMA
Secretary Krishi Upaj Mandi Samiti, Neemuch – Appellant
Versus
Tarabai Through LRs Nahar Singh – Respondent
JUDGMENT
1. This petition has been preferred by the petitioner/judgment debtor against the order dated 19.5.2011 (Annexure-P-5) passed by the executing Court rejecting an application filed by it and also against the order dated 19.6.2012 Annexure-P-9 passed by it whereby the petitioner has been directed to furnish an affidavit to the effect as to whether it is creating obstruction in possession of respondent or not.
2. The petitioner Krishi Upaj Mandi allotted plot No. 68 to the respondent/decree holder by virtue of a lease deed executed on 1.1.1968 for a period of thirty years. Subsequently, the lease deed was renewed on 30.8.1979 with a renewal clause as per which the lease could be renewed. A suit was filed by the respondent for declaration and permanent injunction in which a compromise was entered into between the parties on 7.7.1999 and a decree in terms of the said compromise was passed on 17.11.1999. The terms of the compromise were that the respondent had filed a map for sanction on 25.7.1982 which was to be sanctioned by the petitioner and the respondent was at liberty to raise construction on the plot as per terms of the lease deed. A decree for permanent injunction was gra
The main legal point established in the judgment is the conclusive nature of the determination between the parties and the decree-holder under Order XXI Rule 97 of CPC, and the application of this pr....
To initiate proceedings under Order 21 Rule 32 CPC, specific details of the alleged violation must be provided, which the appellant failed to do.
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
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