CMPMO No. 35 of 2008 1.5.2008 Present: Ms. Seema Guleria, counsel for the petitioner. This petition is directed against the order dated 3.11.2007 whereby the execution petition filed by the petitioner has been dismissed. Briefly stated, the facts of the case are that the present petitioner (here-in-after referred to as decree holder) filed a suit against the respondent/judgement-debtor. This suit was decreed and a decree for permanent prohibitory injunction was passed, restraining the respondent/judgement-debtor from interfering in the land of the decree holder comprised in Khasra No.610 situate at village Patti Rehana, Tehsil and District Shimla. The petitioner filed an execution petition claiming that the judgement-debtor has trespassed over his land. The learned Court below after recording evidence held that the petitioner has failed to prove that the judgement debtor has trespassed on his land and therefore, rejected the execution petition. One of the grounds for rejection of the petition was that no specific date or time of the alleged interference had been given. Any breach of a decree for permanent prohibitory injunction gives a new cause of action. In case the respondent ever encroaches upon the land of the decree holder and disobeys the decree by interfering in the land of the decree holder, the decree holder shall be free to file a fresh execution petition. No doubt, in such proceedings the decree holder shall have to prove that the judgement debtor has violated such decree. CMPMO No. 35 of 2008 As far as the present case is concerned the lower Court was right in holding that the decree holder has failed to prove that the judgement debtor has disobeyed the order passed by the Court. Therefore, there is no error in the order of the lower Court below. Accordingly, the petition is dismissed. 1st May, 2008 (Deepak Gupta) ™ Judge.