Law:

Section:

Specific Relief Act (I of 1877)-------S. S4---Civil Procedure Code (V of 1908), O.XXI, R.32--- Execution of decree for permanent injunction---Decree restraining defendant (owner of adjacent house) from using stair-case and dheori of plaintiff's house---Violation of such decree by defendant after using space underneath such stair case as kitchen---Defendant's plea that decree had not restrained use of such space---Appointment of Local Commission by Executing Court to inspect site and submit his report with site plan---Disposal of execution petition in terms of report of Local Commission suggesting closing down opening doors in lower portion and upper storey of defendant's house---Validity---Both parties had been transferred adjacent houses from Settlement Department---No kitchen existed at time of inspection of site by Local Commission---Defendant having no access to stair-case and dheori was not entitled to run a kitchen under stair-case---Defendant could approach first storey of his house through wooden ladder from courtyard---Decree did not find mention of kitchen under stair-case, but mode suggested in such report had ended hostility between two neighbours for all times to come---Impugned order was upheld by High Court and Supreme Court in circumstances. JUDGMENT SARDAR MUHAMMAD ASLAM, J.---Leave is sought from the Judgment dated 7-5-2008, passed by a learned Judge-in-Chamber of the Lahore High Court, Rawalpindi Bench, dismissing Civil Revision. 2. Facts necessary for disposal of this petition are that respondent No. 1, filed a "suit for permanent injunction seeking restraint order from use of stair case and dheori of House No.Y-278 against Subedar Khuda Bakhsh, predecessor of the present petitioners and respondents Nos.2 to 5. It was decreed on 4-2-1966. Khuda Bakhsh aforesaid filed an appeal which came up for hearing before a learned Additional District Judge and was allowed on 23-5-1968. Respondent No.1, filed RSA No. 512 of 1968, in Lahore High Court, Lahore, which was accepted on 5-5-1982, and, decree passed by trial Court dated 4-2-1966 was restored. 3. Decree of the trial Court in suit filed by respondent No.1 was to the following effect:-- "It is…

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