Chet Ram Vs Bazeeru Ram

The present petition arises out of the order dated 22.10.2024, as passed by the learned Civil Judge, Jhandutta, District Bilaspur, H.P. in CMP No. 53-10/2021/2015, whereby execution petition under Order 21 Rule 32 CPC, as filed by the present respondents/decree holders was partly allowed and the petitioner/judgment debtor was ordered to be sent in civil imprisonment for two months.

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1Whether reporters of the local papers may be allowed to see the judgment? Yes.

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2 Brief facts of the case are that the predecessor-ininterest of the decree holders/respondents filed a suit for permanent prohibitory injunction against the judgment debtor/petitioner in the court of learned Civil Judge (Jr. Div.) Court No.3, Ghumarwin, District Bilaspur, H.P. on 12.12.2003. The said suit was partly decreed vide judgment and decree, dated 4.5.2012, in favour of the decree holders/respondents thereby restraining the judgment debtor/petitioner permanently from causing any interference in any manner whatsoever over the suit land comprised in Khasra No. 300, KhataKhatoni No. 81/93, Khasra Nos. 301, 302, situated in Village Marotan, PargnaBaseh, Tehsil Jhandutta, District Bilaspur, H.P. either personally or through his agents, servants and family members or representatives.

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3 After passing of the judgment and decree, dated 4.5.2012, an application under Order 21 Rule 32 CPC was preferred by the decree holders/respondents on 7.3.2015 on the ground that after passing the aforesaid judgment and decree, the judgment debtors/petitioners have violated itsterms and conditions and, therefore, he may be sent to civil imprisonment.

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4 After appreciating oral as well as documentary evidence placed on record, learned executing court vide its order dated 22.10.2024 partly allowed the execution petition under

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Order 21 Rule 32 CPC, and the petitioner/judgment debtor was ordered to be sent in civil imprisonment for two months and aggrieved thereby, the judgment debtor/petitioner has preferred the instant petition.

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5 The case at hand was heard finally for some time on 12.3.2026, on which date, the parties to the lis were directed to remain present in the Court on 13.3.2026.

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6 Today (13.3.2026), an attempt was made to reconcile the matter between the parties since both the parties belong to same vicinity. During the course of interaction, the judgment/debtor has undertaken that he will remove the barbed wires having been erected/installed over the suit land within a period of two days positively from today. The judgment debtor/petitioner though has submitted that he has not violated terms and conditions of the judgment and decree dated 4.5.2012, however he has undertaken that he shall not do so in future. Separate statements of the parties have been recorded, whereby the decree holders/respondents have agreed to withdraw the petition under Order 21 Rule 32 CPC, which was filed by them before the learned executing court.

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7 Since the matter stands reconciled/compromised between the parties vide separate statements of the parties recorded to this effect, the decree holders/respondentsare

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permitted to withdraw the aforesaid petition under Order 21 Rule 32 CPC, as a result whereof, the impugned order dated 22.10.2024 has lost its efficacy.

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8 The petition is disposed of, in the aforesaid terms, as having been compromised inter se the parties to lis, witha direction to the judgment debtor/respondent to remain abide by the terms and conditions of the judgment and decree, dated 4.5.2012 as passed by the learned Civil Judge (Jr. Div.) Court No.3, Ghumarwin, District Bilaspur, H.P. in its letter and spirit and with liberty to the decree holders/respondents to take recourse to law in the event any violation is committed by the judgment debtor/petitioner in future. Pending application(s), if any, also stands disposed of.

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(RomeshVerma) 13.03.2026 Judge

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(pankaj)

Chet Ram v. Bazeeru Ram

Case brief

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Chet Ram v. Bazeeru Ram

Case brief

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