BALWANT SINGH AND OTHERS Vs. M/S KRISHANA AND COMPANY ROHTAK AND OTHERS
LAWS(P&H)-2001-8-123
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 24,2001

Balwant Singh and others Appellant
VERSUS
M/S Krishana And Company Rohtak And Others Respondents

JUDGEMENT

Jasbir Singh, J. - (1.) THE present revision petition has been filed against the order of the executing Court vide which it was directed that the decree holder will raise four walls over the khasra number in dispute and the Plaintiff of the Court shall be present at that time, who shall report as to whether any resistance has been made by the Petitioner or not. Vide the said order, it has further been directed that Sadar Kanungo, Rohtak, shall demarcate the khasra number as per report of Tehsildar at the spot.
(2.) HEARD counsel for the parties and record persued. Learned Counsel for the Petitioners contends that in the suit, out of which execution applications has arisen, the Petitioners were only restrained from interfering in the property in dispute bearing Khasra No. 6821. Since the Petitioners never interfered in the said Khasra number, which is apparent from the report of the Local Commissioner also, the trial Court was not justified in passing the order under challenge.
(3.) LEARNED Counsel for Respondents No. 1 and 2 vehemently contended that under the provisions of Order 21 Rule 32(5) C.P.C., the executing Court is competent to pass such an order and that in the present case, the order has been passed with a view to put an end to the litigation permanently.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.