Dhan Singh vs Deepi And Ors
2022 Latest Caselaw 6387 P&H

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       In the High Court of Punjab and Haryana, at Chandigarh

                                                  Civil Revision No. 7600 of 2018

                                                    Date of Decision: 07.07.2022

Dhan Singh
                                                                   ... Petitioner(s)

                                         Versus

Deepi and Others
                                                                 ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:     Mr. Vikas Kumar, Advocate
             for the petitioner(s).

Anil Kshetarpal, J.

1. The petitioner's execution petition under Order XXI Rule 32

CPC has been dismissed by both the Courts below. The aforesaid execution

petition was filed by the petitioner while complaining that a decree for

permanent injunction passed in his favour has been willfully violated. The

decree, so passed, was with respect to a plot in residential area of the village

and the trial Court restrained the defendants from interfering in possession of

the plaintiff. The execution petition was filed complaining that the

defendants, in the suit (judgment debtors in the execution petition), have

forcibly constructed a passage through the suit land.

2. Both the Courts below, on appreciation of evidence, have found

that the petitioner has failed to prove that the passage was constructed after

the decree was passed which is sine qua non for initiating the proceedings

under Order XXI Rule 32 CPC. In fact, it has come on record that the Sub

Divisional Magistrate in its order passed in the year 2003vhas recorded that

the passage/road is in existence.

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3. In view of the aforesaid facts, no ground is made out to

interfere. Hence, the present revision petition is dismissed.

(Anil Kshetarpal) Judge July 07, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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