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Judgment
This revision is directed against an order passed on 5th of March, 1981, by the Sub Judge, Badgam, in an execution petition. The petition related
to execution of a decree for restitution of conjugal rights By the impuged order the executing court has directed the attachment of movable and
immovable property of the judgment debtor as a result of her failure to comply with the decree for restitution of conjugal rights. The respondent
decreeholder has raised a preliminary objection in regard to the maintainability of the revision petition on the ground that the impugned order is
appealable and as such the revision is incompetent. It has been urged that under Rule 32 (1) of Order 21 CPC, a decree for restitution of conjugal
rights can be executed by detention of the judgment debtor in civil prison, or by the attachment of the property or by both, and as such an order
made under subrule (1) is an order relating to execution and satisfaction of the decree and the provisions of Section 47 would be attracted and the
order will be appealable. For this, reliance has been placed on a decision of the Patna High Court in Shivdhari Gope and ors Versus Anant Paddar
and ors (A. I. R. 1971 Patna, 121). In that CASJ, the executing court passed an order directing the attachment of the movable property of the
judgment debtor on the finding that he had violated the decree for injunction. Before the High court, the question arose whether the order was
appealable, The court answered the question in the affirmative holding that the order related to execution and satisfaction of the decree for
injunction and as such the provisions of Section 47 C. P. C. were applicable and the order was appealable. This principle is equally applicable in
the present case in as much as according to the provisions of Order 21 rule 32 C. P. C ; prevalent in our Stats, fie decree for restitution of conjugal
rights is executable in the same manner as a decree for injunction. In the present case, therefore, the order of the executing court directing
attachment of the property of the judgment debtor on the ground that she had failed to comply with the decree, amounts to an order concerning
execution and satisfaction of the decree and as such provisions of Section 47 are attracted and the order will be appealable. In that view, the
preliminary objection must prevail and it must be held that the revision petition is incompetent. I order accordingly and dismiss the revision petition.
The petitioner will be at librty to file an app3al, if so advised.