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