Punjab-Haryana High Court
Sham Lal Through Lr vs Daya Kishan Through Lr And Others on 29 November, 2017
Author: Raj Mohan Singh
Bench: Raj Mohan Singh
CR No. 8053 of 2017 -1-
109 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No. 8053 of 2017
Date of Decision: 29.11.2017
SHAM LAL THROUGH LR
-PETITIONER
VS
DAYA KISHAN THROUGH LR AND OTHERS
-RESPONDENTS
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: Mr. Manoj Sharma, Advocate, for
Mr. Sunil Polist, Advocate,
for the petitioner.
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RAJ MOHAN SINGH, J. (ORAL)
[1]. Petitioner has assailed the order dated 07.10.2017 passed in execution No.67 of 2014 titled Daya Kishan vs Rameshwar Dass and others vide which objections filed by one of the legal representative of judgment debtor Sham Lal i.e. the petitioner have been dismissed.
[2]. The suit filed by the decree holder for possession of the house was decreed on 22.08.2007. The said judgment and decree of the trial Court was upheld by the lower Appellate Court on 04.08.2009.
[3]. Regular Second Appeal No.3400 of 2009 filed by the judgment debtor was dismissed on 27.08.2013. In execution of the decree, the petitioner seeks to obstruct delivery of 1 of 2 ::: Downloaded on - 02-12-2017 03:53:52 ::: CR No. 8053 of 2017 -2- possession on the ground that a suit for permanent injunction filed by him is pending consideration before the trial Court. [4]. The pleas available to the petitioner herein were infact taken during the main proceedings and the stand taken by the judgment debtor was negated with reference to evidence. The Executing Court cannot go beyond the decree. The decree passed in Regular Second Appeal No.3400 of 2009 has already attained finality.
[5]. No ground is made out to interfere in the present revision petition.
[6]. This revision petition is, accordingly, dismissed.
29.11.2017 (RAJ MOHAN SINGH)
jyoti JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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