Punjab-Haryana High Court
Kishori Lal And Others vs Ami Lal And Others on 11 November, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
CR No.7099 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.7099 of 2012
Date of Decision:11.11.2013.
Kishori Lal and others
...Petitioners
Versus
Ami Lal and others
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether reporters of the local papers may be allowed to
see the judgment?
2) To be referred to the Reporters or not?
3) Whether the judgment should be reported in the Digest?
Present: Mr. S.K.Yadav, Advocate,
for the petitioners.
Mr. P.R.Yadav, Advocate,
for respondent no.1.
****
PARAMJEET SINGH, J. (Oral)
CM No.22252-CII of 2013 Allowed, as prayed for, subject to all just exceptions. Annexure P-12 is taken on record.
CR No.7099 of 2012
Instant civil revision has been filed under Article 227 of the Kumar Parveen 2013.11.21 17:56 I attest to the accuracy and integrity of this document High Court, Chandigarh CR No.7099 of 2012 2 Constitution of India for setting aside the order dated 05.09.2012 (Annexure P-8) passed by learned Civil Judge (Sr. Divn.), Mahendergarh in application under Order XXI Rule 32 read with Section 151 of the Code of Civil Procedure, 1908 whereby the petitioners have been ordered to be detained in civil imprisonment for three months for violation of judgment and decree dated 08.03.2004.
The petitioners have filed an affidavit that they have complied with the judgment and decree dated 08.03.2004 and now they are not in possession of the land in question. Learned counsel for the petitioners relies upon judgment of this Court rendered in Chandu Ram vs. Farangi Lal 1993 (2) PLR 434 to contend that the basic purpose of execution proceeding is not to send the person behind bars, rather to enforce the decree.
Since the petitioners have handed over the possession of the land in question and have complied with the judgment and decree dated 08.03.2004, no further orders are called for.
In view of above, the impugned order dated 05.09.2012 is set aside. However, respondents no.1 and 2-decree holders will be at liberty to initiate any other proceeding for damages etc., if they so desire.
Disposed of in the aforementioned terms.
(Paramjeet Singh) Judge November 11, 2013 parveen kumar Kumar Parveen 2013.11.21 17:56 I attest to the accuracy and integrity of this document High Court, Chandigarh