High Court Punjab-Haryana High Court

Challenge In The Present Petition … vs Unknown on 16 November, 2009

Punjab-Haryana High Court
Challenge In The Present Petition … vs Unknown on 16 November, 2009
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                                 C.R.No. 6663 of 2009
                                 Date of decision: 16-11-2009
Ishwar Singh Versus Bhim Singh and another

CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA

Present:     Shri Vikram Singh, Advocate, for the petititioner

HEMANT GUPTA, J.

Challenge in the present petition is to the order passed by the

executing court dated 3.10.2009 whereby objections filed by the respondent

against decree for mandatory injunction in respect of the possession of the

plot in dispute and directing the defendant to vacate the encroachment on

the disputed plot and put the plaintiff in possession of the said plot, were

dismissed.

Learned executing court found that it cannot go behind the

decree and it has to implement the same as in view of the decree. The

Decree Holders has been held entitled to get the possession of the plot by

getting the encroachment vacated.

Once the decree has been passed, the same has to be executed

even if the petitioner has raised construction over the plot. The petitioner

has to vacate the encroachment on the plot in dispute.

Therefore, I do not find any patent illegality or material

irregularity in the findings recorded by the executing court which may

warrant interference by this Court in exercise of its revisional jurisdiction.

Dismissed.

(HEMANT GUPTA)
JUDGE
November 16,2006
RSK