NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has assailed the order dated 31.3.2016 passed by Civil Judge (Jr.Divn.) Patiala, vide which execution petition filed by the decree-holder was held to be premature.

(2.) Petitioner filed a civil suit for declaration, mandatory injunction and permanent injunction challenging the order dated 19.5.2005 being illegal, null and void. The trial Court decreed the suit vide judgment/decree dated 13.11.2010 by granting the following relief:-

(3.) Defendants are further directed to pay Rs. 1,00,000/- as damages on account of agony, harassment financial hardship caused to the plaintiff in the hands of defendants. However, parties are left to bear their own costs. Decree sheet be prepared. File be consigned to the record room." Defendants filed an appeal before the lower Appellate Court against the aforesaid judgment/decree dated 111.2010 and the appeal was allowed. The judgment/decree passed by the trial Court was set aside vide judgment/decree dated 10.2.2014. Petitioner filed RSA No. 2216 of 2014, which was admitted. Operation of the impugned judgment/decree was stayed on 25.5.2015. The defendant-department even filed an application for vacation of interim order whereby, operation of the impugned judgment/decree was stayed, but the said application i.e. CM No. 9730-C-2015 was dismissed on 24.8.2015 by passing the following order:-