In the High Court for the States of Punjab and Haryana at Chandigarh
...
C.R. No. 818 of 2009
Date of decision: February 13,2009
Suraj Bhan
..Petitioner
Versus
Ram Kumar and anaother ..Respondents
Coram: Hon'ble Mr.Justice Rakesh Kumar Garg
Present: Ms. Sharmila Sharma, Advocate
for the Petitioner.
...
Rakesh Kumar Garg,J.
This petition under Article 227 of the Constitution of India has been
filed by the petitioner for issuance of a direction to the Civil Judge(Junior
Division), Gurgaon to decide his application filed under Order 39 Rule 2-A of
CPC and also for providing police help to him to execute the judgment and
decree passed in Civil Suit No.1041/31-10-2006/30-11-2007 dated 28.4.2008
passed by the Civil Judge(Junior Division), Gurgaon.
Without going into the averments of this petition, I find that the
application filed by the petitioner under Order 39 Rule 2-A CPC to execute the
decree dated 28.4.2008 is not maintainable.
Thus I find no valid reason to give any direction to the Civil Judge
(Junior Division), Gurgaon. However, the petitioner is at liberty to execute the
aforesaid judgment in accordance with law.
Dismissed.
February 13, 2009 (RAKESH KUMAR GARG)
nk JUDGE