cpc Order 21 Rule 32 – Application for taking lawful action against the respondents – Dismissed – Petitioner/decree holder is owner in possession of the land – Suit for permanent injunction filed by her was decreed – Ownership of BR in the adjoining property to the suit property was noticed by the executing Court – In a suit titled filed by BR for permanent injunction, husband of the petitioner was also restrained from interfering in the land of the present judgment-debtors – Both the parties have staked their claim in respect of their respective land – Decree-holder has not got conducted any demarcation to prove encroachment on behalf of the judgment-debtors on any part of the disputed land – No documentary evidence in the aforesaid context has been proved on record, nor any complaint was ever filed by the petitioner before the Police in respect of alleged encroachment done by the respondents – No indulgence can be granted in favour of the petitioner in terms of Order 21 Rule 32 read with Section 151 CPC – Petitioner may avail her legal remedy in accordance with law – revision dismissed.
read here