CPC O. 21 R. 32 – Executing Court is required to arrive at a finding that the JD has wilfully disobeyed the decree – If no such material is there , has ot dismiss the execution petition.

• Civil Procedure Code, 1908 (V of 1908) Order 21 Rule 32 – Before passing an order under O. 21 R. 32 cpc Executing Court is required to arrive at a finding that the JD has wilfully disobeyed the decree – In the absence of the said material, the Executing Court has to dismiss the execution petition – Petitioner has alternative remedy of filing a suit for possession after establishing his title.
• Civil Procedure Code, 1908 (V of 1908) Order 21 Rule 32 – While deciding injunction suit simpliciter, the court does not decide the question of title –  Petitioner has failed to produce evidence to prove that he has in fact been dispossessed after the institution of the suit – Executing Court has rightly dismissed the execution petition.

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