Civil Revision No. 1286 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1286 of 2007 (O&M) Date of decision: 16.02.2010 Dalip Singh and others ....Petitioners Versus Kidara ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Bijender Dhankar, Advocate, for the petitioners. Mr. Karan Singh Malik, Advocate, for the respondent. ***** VINOD K. SHARMA, J (ORAL) The petitioners have invoked the jurisdiction of the Court under Article 227 of the Constitution of India, to challenge the order dated 8.2.2007, passed by the learned Additional Civil Judge (Senior Division), Gohana, on an application moved by the respondent-decree- holder, under Order 21 Rule 32 of the Code of Civil Procedure, for the enforcement of the injunction decree dated 10.12.2002. The decree-holder filed a suit claiming decree for permanent injunction, restraining the petitioners (herein) from interfering in the use of path comprised in rectangle and killa No. 72/1992. The suit was contested by the petitioners. The plaintiff-decree-holder succeeded, and the petitioners (herein) were restrained from interfering in the use of passage by the plaintiff-decree-holder. Civil Revision No. 1286 of 2007 (O&M) -2- The case of the plaintiff was, that in spite of injunction order, the judgment-debtors failed to comply with the decree and failed to remove the obstruction from the path. The application was contested. The learned Executing Court found, that the petitioners disobeyed the injunction decree of the Court and sentenced the petitioners to civil imprisonment for a period of three months. The learned counsel for the petitioners has placed on record the report of the Local Commissioner, showing that the decree now stands complied with. In view of this, the learned counsel for the petitioners prays for taking a lenient view. Parties are present in Court. Learned counsel for the respondent agrees, that as the decree now stands complied with, therefore, in lieu of the punishment awarded, the decree-holder be paid compensation, for the disobedience of the decree. This request of the decree-holder is accepted. In view of the fact, that decree stands complied with, it is ordered that the petitioners should pay compensation of Rs.15,000/- (Rupees fifteen thousand only) to the respondent-decree-holder. The amount of Rs.15,000/- (Rupees fifteen thousand only) has been paid and accepted by the decree-holder. The petitioner, who is present in Court, also undertakes not to interfere with the use of path in future and to obey the decree of injunction in letter and spirit. In view of the settlement, the impugned order is set aside, and Civil Revision No. 1286 of 2007 (O&M) -3- the revision is disposed of by granting compensation of Rs.15,000/- (Rupees fifteen thousand only) to the decree-holder. The petitioners- judgment-debtors shall also be bound by the undertaking given in this Court. Revision disposed off. (Vinod K. Sharma) Judge February 16, 2010 R.S.