Citation : 2022 Latest Caselaw 1267 P&H
Judgement Date : 7 March, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
142
CR-760-2022(O&M)
Date of Order: 07.03.2022
MIHAN SINGH AND ANOTHER ..Petitioners
Versus
GRAM PANCHAYAT RAM NAGAR CHUNNI WALA ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Baldev Singh Sodhi, Advocate for the petitioner.
ANIL KSHETARPAL, J(Oral)
The decree holder assails the correctness of order passed by the
Executing Court on 25.11.2021, while calling him upon to prove that the
judgment and decree dated 06.07.2017, has been violated. He alleges that the
judgment debtor, despite the opportunity, has failed to obey the decree.
The Executing Court has passed the order after appreciating the
facts available on record. The petitioners claim that the Court has passed a
decree for permanent injunction restraining the defendants from digging the
land/remaining earth from the suit land. The judgment debtor is a Gram
Panchayat.
Before any further order is passed, it is for the petitioners to
prove that there is a violation of a decree.
Hence, no ground to interfere is made out.
Dismissed.
All the pending miscellaneous applications, if any, are also
disposed of.
March 07th, 2022 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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