Punjab-Haryana High Court
Prakash Rani @ Prakash Devi & Ors vs Narender Singh & Ors on 9 August, 2012
Author: Rajan Gupta
Bench: Rajan Gupta
C.R. No. 4648 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R. No. 4648 of 2012
Date of decision : 09.08.2012
Prakash Rani @ Prakash Devi & ors.
....Petitioners
V/s
Narender Singh & ors.
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Ashish Gupta, Advocate for the petitioners.
RAJAN GUPTA J. (ORAL)
Present revision petition has been filed impugning the order passed by the court below rejecting the objections raised by objector/petitioners.
Learned counsel for the petitioners has argued that court below has gravely erred in rejecting the objections raised by judgment debtors. A perusal of site plan would show that decree holder himself was violating the decree. The executing court was thus required to frame issues on the disputed questions and allow the parties to lead evidence.
I have heard learned counsel for the parties.
It appears that executing court is seized of the matter pursuant to a decree for permanent injunction passed in favour of decree holder. Suit was decreed restraining the judgment debtors from interfering in peaceful possession of the judgment debtors in the property as shown in the site plan. Decree attained finality as C.R. No. 4648 of 2012 2 no appeal was preferred by the judgment debtors. During the course of proceedings, local Commissioner was appointed on 10.11.2004. He reported that wall between 'G' & 'M' was constructed by judgment debtors and appeared to be new one. It was 6"x4" in height having width of 9'. The court below thus came to the conclusion that with a view to implement the decree, possession had to be restored to the decree holders. It thus directed the judgment debtors to remove the wall between points 'G' & 'M' at their own expenditure and submit a compliance report. Learned counsel for the petitioners has not been able to point out any infirmity with this order. Needless to observe that decree passed by the court needs to be executed to take the proceedings to their logical end. Revision petition is without any merit and is hereby dismissed.
August 09, 2012 (RAJAN GUPTA) Ajay JUDGE