Krishan Kumar Pathak vs Harbans Lal Juneja And Others
2022 Latest Caselaw 17222 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

156
                                                     CR-5869-2022
                                                     Date of decision: 19.12.2022

KRISHAN KUMAR PATHAK                                         ..Petitioner
                                      Versus
HARBANS LAL JUNEJA AND OTHERS                                ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Gaurav Rana, Advocate for the petitioner.

Mr. Harsh Vardhan, AAG, Haryana Mr. J.S. Pannu, AAG, Haryana for respondent No.5.

ANIL KSHETARPAL, J(Oral)

The prayer is to set aside the order dated 17.11.2022 passed by the

Executing Court while dismissing the petitioner's objection petition. A judgment

and decree for mandatory injunction was passed on 16.01.2019 On reading of the

judgment, it is evident that the suit was defended on the ground that an old temple

exists on the property. The Court found that under the garb of the said temple, the

area of public street has been encroached upon. Thus, the Court passed decree

directing the defendants to remove the said construction and a Bargad tree, if it

existed on the area in dispute. The petitioner appeared as a witness in the suit.

After the judgment and decree had become final the petitioner filed the third party

injunction, which has been dismissed by the trial Court.

Keeping in view the aforesaid facts, no ground to interfere is made

out.

Dismissed.

All the pending miscellaneous applications, if any, are also disposed

of.

December 19th, 2022                            (ANIL KSHETARPAL)
Ay                                                    JUDGE
Whether speaking/reasoned         :      Yes/No
Whether reportable                :      Yes/No



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