Law: Civil Procedure Code (V of 1908)

Section: 32(1)(2) (3)

Civil Procedure Code (V of 1908)--- ----OXXI, R.32(1)(2) & (3)---Decrees of porhibitory injunctions can be enforced through the Executing Courts by invoking the coercive provisions contained in OXXI, Rr.32(1)(2) & (3), C.P.C.--[Burhan-ud-Din and others v. Veda Brata Chakraborti and others P L D 1964 Dacca 661 and Nawab Din etc. v. Khurshid Ahmad etc. 1980 C L C 962 dissented from.]. Muhammad Hussain etc. v. Muhammad Aslam 1988 S C M R 151 fol. Burhan-ud-Din and others v. Veda Brata Chakraborti and others PLD 1964 Dacca 661 and Nawab Din and others v. Khurshid Ahmad and others 1980 CLC 962 dissented from. Malik Muhammad Jaffar for Petitioners. Muhammad Munir Paracha for Respondents. Date of hearing: 19th February, 1990. JUDGMENT This civil revision is directed against the order, dated 11-7-1974, by which the learned District Judge Campbellpur (now Attock), accepting the appeal of Nobat Khan and others, the respondents herein (judgment-debtors), set aside the order, dated 5-11-1973, passed by the Administrative Civil Judge, Campbellpur (now Attock) whereby he, after accepting the application of Muhammad Azam Khan and others, the petitioners herein (decree-holders), made under Order XXI, Rule 32, C.P.C. had issued warrants of arrest against the respondents (judgment-debtors) for their detention in civil prison and also directed the attachment of their property till they complied with the decree of that Court, dated 17-4-1969, restraining them (respondents) from interfering in the possession of the disputed property, belonging to, and in possession of, their opponents. The brief facts leading up to this revision are that Hayyat Khan, petitioner No.8 herein, had sold marla of land from Khasra No. 873 and two kanals of land (5/64 share) out of Khasra Nos. 872, 874, 876 and 877, total measuring 25 kanals, 12 marlas, situated in the area of village Wardag, Tehsil Attock, to Nobat Khan and three others, respondents Nos. 1 to 4 herein, by a sale- deed, wherein it was alleged that possession of two kanals of land had been given to the vendees towards the western portion of Khasra No. 872. Muhammad Azam Khan and others co-owners brought a suit against the…