- (1.) Decree-holders Sukhdev Singh and his son Sukhwinder Singh have filed this revision petition under Article 227 of the Constitution of India impugning order dated 19.04.2011 (Annexure P-9) passed by learned Executing Court i.e. learned Civil Judge (Junior Division), Rajpura, thereby dismissing petitioners' application filed under Section 151 of the Code of Civil Procedure (in short - CPC) for grant of police help to implement judgment and decree dated 28.02.2002 (Annexure P-1), passed by the trial court and affirmed up to Hon'ble Supreme Court. Petitioners filed suit against respondents No. 1 and 2 herein as defendants and Jaswinder Singh - another son of Sukhdev Singh - petitioner No. 1 as proforma defendant No. 3. On the other hand, Santokh Singh - respondent No. 1 herein filed separate suit against petitioners and said Jaswinder Singh. Both the said suits were decided by trial court by common judgment dated 28.02.2002. Suit filed by petitioners herein was decreed for permanent injunction restraining respondents No. 1 and 2 herein (Santokh Singh and his wife Gurmeet Kaur) from interfering in possession of the petitioners herein over the suit land as well as the disputed house except in due course of law, whereas suit filed by respondent No. 1 herein was dismissed.
(2.) Petitioners/decree-holders filed execution petition against respondents No. 1 and 2 for execution of the aforesaid judgment and decree alleging that respondents No. 1 and 2 - judgment-debtors were violating the decree. The judgment-debtors pleaded that they are in possession of the suit land. During pendency of the execution petition, decree-holders filed application under Section 151 CPC for implementing the decree by grant of police help. The said application has been dismissed by the Executing Court vide impugned order Annexure P-9, which is under challenge in this revision petition.
(3.) I have heard learned counsel for the parties and perused the case file.;