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1 - 5 of 5 (0.23 seconds)Rattan Singh Son Of Ramji Lal R/O Village ... vs Sandeep Minor Son Of Subh Ram Through Her ... on 7 August, 2012
Learned counsel for the respondents has relied upon 1989 PLJ
718, Ram Singh vs. Sukh Ram as well as another judgment of this Court in
1993 (2) RRR 628, Harbans Singh vs. Daulat Ram to submit that while
dealing with a case where a decree of restoration of the possession of
property is passed, the executing Court is competent to issue warrant of
possession under Order 21 Rule 32 (5) CPC regarding property which was
forcibly occupied by the judgment debtor.
Ram Singh And Anr. vs Shiv Narain And Ors. on 14 February, 2006
Learned counsel for the petitioner has further relied upon
another judgment of this Court rendered in CR No. 3617 of 2004, decided
on 14.02.2006, titled as Ram Singh and another vs. Shiv Narain, wherein
again this Court, while dealing with a decree of permanent injunction, has
observed that only the warrant of attachment can be issued.
Narinder Singh vs Maya Devi And Ors. on 19 November, 1998
Learned counsel for the petitioner has relied upon a judgment
of this Court rendered in CR No. 96 of 1998, decided on 19.11.1998, titled
as Narinder Singh vs. Maya Devi, wherein this Court, while dealing with a
decree of permanent injunction, has held that the warrant of possession
cannot be issued and only warrant of attachment can be issued.
On the face of it, the facts of this case are not applicable to the present case
as in the case in hand, a decree of mandatory injunction directing the
petitioner/defendant to hand over the vacant possession has been passed.
Harbans Singh And Anr. vs Daulat Ram And Ors. on 27 April, 1993
Learned counsel for the respondents has relied upon 1989 PLJ
718, Ram Singh vs. Sukh Ram as well as another judgment of this Court in
1993 (2) RRR 628, Harbans Singh vs. Daulat Ram to submit that while
dealing with a case where a decree of restoration of the possession of
property is passed, the executing Court is competent to issue warrant of
possession under Order 21 Rule 32 (5) CPC regarding property which was
forcibly occupied by the judgment debtor.
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