KARAM CHAND Vs. PARAS RAM
HIGH COURT OF HIMACHAL PRADESH
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AJAY MOHAN GOEL,J. -
(1.) Brief facts necessary for the adjudication of this petition are as under:- Respondent herein filed a suit for permanent prohibitory and mandatory injunction against the present petitioner, i.e. Civil Suit No. 175/1 of 2001, which was decreed by the Court of learned Civil Judge (Jr. Divn.) Arki, District Solan, H.P. on 09.06.2010 in the following terms:-
"This suit coming on this 9th day of June, 2010 for final disposal before me (Sapna Pandey), Civil Judge (Jr. Divn.), Arki, District Solan, H.P. in the presence of Sh. Bhupinder Sharma, Advocate for the plaintiff and defendant already ex-parte. It is ordered that the suit of the plaintiff is decreed for permanent prohibitory injunction restraining the defendant from interfering with the possession of plaintiff over land comprising khasra No. 79, measuring 1-7 bigha situated in village Kiar, Pargna Kolka, Tehsil Arki, District Solan, H.P. and decreed for mandatory injunction. The suit is decreed with costs. Relief of mandatory is subject to the condition stated above in para No. 13."
Copy of the decree sheet is appended with the petition as Annexure P-1.
(2.) Thereafter, the decree holder filed an application under Order 21, Rule 35 of the Civil Procedure Code for execution of the decree in issue before the learned Executing Court. As present petitioner/judgment debtor did not appear before the learned Executing Court despite service of summons, he was ordered to be proceeded against ex parte on 22.09.2015.
(3.) For the setting aside of ex parte order, an application was filed by the present petitioner before the learned Executing Court in the month of April, 2018, which stood dismissed by the learned Executing Court vide order dated 13.5.2019. Thereafter, on 31.10.2019, learned Executing Court has ordered issuance of warrant of possession by demolishing whatever construction is found raised by judgment debtor over the suit land.;
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