JUDGMENT

The suit for declaration of easement right over the plaint 'D' schedule way and for mandatory injunction for removal of a gate installed at the entrance of the plaint 'D' schedule way, was decreed by the first appellate court in the following terms:-

“Suit is decreed. It is hereby declared that the plaintiffs have got right of easement by grant over the plaint D schedule way. The defendant is directed to remove the gate installed at the entrance of the plaint D schedule way from the public road on the western road within three months from the date of the decree, failing which the plaintiffs will be entitled to remove the gate through court and to recover the expenses incurred thereon from the defendant. Further the defendant and all persons claiming under or through her are restrained permanently from causing any obstruction to the user of plaint D schedule way by the plaintiffs.”

2. The decree was affirmed by this Court in RSA

74/2019.

3. The decree holder-respondent sought for execution as per EP 46/2019. The petitioner- judgment debtor filed objections contending that, subsequent to the decree passed in the suit, the decree holder encroached a portion of the plaint 'D' sched