Suit for perpetual and mandatory injunction decreed in favour of plaintiff and defendant was ordered to remove the encroachment on the plaintiff's land and also ordered not to encroach in future. Defendant did not execute the decree, so Decree Holder filed execution application in pursuance of which the Judgment Debtor removed the encroachment and file consigned. After 5 years, Judgment debtor encroached on the land of Decree Holder and started construction. Decreeholder again approached the court and filed execution application. Court appointed Local Commissioner for inspection of the disputed land. After enquiry and recording the satisfaction, court again ordered to remove the unauthorised construction. Then Judgment Debtor appeared before the court and filed an application raising his objections that decree has already been satisfied and this execution application is beyond the period of limitation and court could not order removal of construction without hearing the judgment debtor and he has not encroached upon land of decreeholder as alleged by him. What should be the appropriate order in this case ?
