1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR. O R D E R Gopi Lal Versus Civil Judge (Sr.Div.) Malpura, District Tonk and others S.B. CIVIL WRIT PETITON NO.1472/2008. Date of order :- 18/2/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Raghunandan Sharma for the petitioner. ***** The writ petition has been filed against the order dated 23/10/2007 whereby the application filed by the respondent-plaintiff decree holder under Order 21 rule 3 CPC was allowed and the obstruction in the flow of water was permitted to be removed. Learned counsel for the defendant- petitioner argued that already earlier when on same cause of action, the said decree was passed, again another order could not be passed to the same effect invoking of the same cause of action. It was argued that no FIR was lodged by the petitioner against the respondents and that no contempt proceedings were initiated against the petitioner. Judgment of this court in Shobha Lal Vs. Laxmi Lal : RLW 1980 545 has been relied on to argue that in that case it was held that when in execution of the decree, possession of the disputed land was delivered to the plaintiff-decree holder, he could 2 not thereafter be allowed to say that possession was not taken back after it was delivered to him. He cannot again ask for execution of the same decree. Facts of the present case are entirely different from the cited case. If the obstruction in the free flow of water was directed to be removed and accordingly removed, the effect of the decree of injunction would be that it has to remain in the same stage even thereafter. If what is being argued is accepted, that would tantamount to frustrating the very purpose of the decree passed by the court which has otherwise attained finality. Merely because decree has been once executed and obstruction has been removed, it does not mean that defendant would be at liberty to again raise obstruction. I do not find any error in the order of the trial court. The writ petition being devoid of merit is therefore dismissed. (MOHAMMAD RAFIQ), J. anil