Advocates:
['SN TRIVEDI', '', 'NITIN TRIVEDI', 'NIMESH SUTHAR', 'NARENDRA MATHUR', 'DEEPESH BISHNOI']

1

S. B. Civil Revision Petition No.17/2007

(Ram Dayal v. Legal Representatives of Babulal)

Date of Order: :: :24-01-2007

HON'BLE MR. JUSTICE PRAKASH TATIA

Mr.S.N.Trivedi, for Petitioner.

Heard learned counsel for the petitioner.

It is worthwhile to mention the facts because of the reason

that a suit was filed against one Babulal for prohibitory and

mandatory injunction which was decreed by the trial Court on

17^th September, 1958. According to the learned counsel for the

petitioner, the trial Court granted prohibitory as well as

mandatory injunction decree and thereby the trial Court directed

the defendant to remove the wall in question and this direction

was against the defendant Babulal. It is also provided that in

case the judgment-debtor Babulal will not remove the wall in

question, the decree holder will be free to remove the wall in

question, at the cost of the judgment-debtor. The decree-holder

sought execution of the decree dated 17^th September, 1958, by

submitting this execution petition after 45 years, in the year,

2003. The judgment-debtor raised objection that execution i