Harinder Singh vs Narinder Singh And Others on 19 August, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                      COCP No.885 of 2009 (O&M)
                                      Date of decision: 19.8.2009


Harinder Singh                                     ......Petitioner(s)

                               Versus


Narinder Singh and others                          ......Respondent(s)

CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG

* * *

Present: Mr. Sukhdip Singh Brar, Advocate for the petitioner.

Rakesh Kumar Garg, J.(Oral)

CM No.11099-CII of 2009

Application is allowed subject to all just exceptions.

COCP No.885 of 2009

Learned counsel for the petitioner has placed on record a

translated copy of sale deed dated 14.5.2004 in compliance of the order

dated 21.5.2009. The same is taken on record.

The grievance of the petitioner in this case is that his suit for

declaration was decreed by a judgment and decree dated 5.4.1982 passed

by Sh. B.C. Rajput, PCS, Subordinate Judge, Ist Class, Muktsar and the

appeal against the aforesaid judgment was dismissed by the Additional

District Judge, Faridkot and thereafter, even RSA No.2491 of 1985 has

been dismissed by this Court vide its judgment dated 22.1.2009 and yet

the respondents have executed the sale deed of the land in question and

thus, they have committed the contempt of this Court by violating the

judgment and decree passed by the Sub Judge, 1st Class, Muktsar.

Be that as it may, the petitioner has an effective remedy for

execution of the aforesaid decree and in view of the remedy available to

him, I am not inclined to take congnizance of this contempt petition.
COCP No.885 of 2009 (O&M) -2-

Dismissed.

However, the petitioner shall be at liberty to execute the

decree in accordance with law.

August 19, 2009                      (RAKESH KUMAR GARG)
ps                                           JUDGE