Joginder Singh vs Lila Devi Alias Leela Devi And Others
2024 Latest Caselaw 7824 P&H

Punjab-Haryana High Court

Joginder Singh vs Lila Devi Alias Leela Devi And Others on 15 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                      Neutral Citation No:=2024:PHHC:049967



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
135                                                         2024:PHHC:049967

                                                 CR-2392-2023
                                                 Date of decision: 15.04.2024

JOGINDER SINGH                                              ..Petitioner

                                   Versus

LILA DEVI @ LEELA DEVI & ORS.                               ..Respondents

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

ANIL KSHETARPAL, J(Oral)

1. The petitioner assails the correctness of Executing Court's order

dated 10.02.2023. The petitioner's execution petition filed under Order XXI

Rule 32 of the Code of Civil Procedure, 1908 (hereinafter referred to as the

'CPC') on the ground that respondent No.2 is not party to the suit and the

petitioner has failed to disclose the date on which he was dispossessed in

infringement of the decree.

2. This Bench has heard the learned counsel representing the

petitioner at length and with their able assistance perused the paperbook.

3. The learned counsel representing the petitioner submits that

there is a decree in favour of the petitioner, which has been violated, hence,

the Executing Court erred in dismissing the execution petition.

4. On a Court question, the learned counsel representing the

petitioner states that the petitioner was one of the co-sharer along with the

defendants. In fact, the petitioner's father had filed a suit for decree of

permanent injunction restraining the defendants from interfering in his

exclusive possession. The suit was decreed on 17.01.2015. The nature of

Order XXI Rule 32 of the CPC is quasi criminal. If the judgment debtors are

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Neutral Citation No:=2024:PHHC:049967

2024:PHHC:049967

found to have intentionally violated the decree, they can be sent to civil

imprisonment. In this case, the petitioner was required to prove as to when

he was dispossessed, however, he has failed to establish the same.

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

made out.

6. Dismissed accordingly.

7. All the pending miscellaneous applications, if any, are also

disposed of.

April 15th, 2024                                       (ANIL KSHETARPAL)
Ay                                                          JUDGE

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




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