In this civil revision, the High Court dismissed the petitioner's appeal against an order rejecting objections in execution proceedings involving a mandatory injunction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Revision No.1709 of 2011(O&M) [ 1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH
...
Civil Revision No.1709 of 2011(O&M)
Decided on : March 11, 2011
Surinder Pal Singh
... Petitioner
VERSUS
Gurbachan Singh
... Respondent
CORAM : HON'BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Brijender Kaushik, Advocate for the petitioner.
The petitioner – judgment debtor (herein referred as `the petitioner') filed objections in execution, which were dismissed vide the impugned order dated 11.2.2011 passed by Civil Judge (Sr.Divn.), Ambala.
The sole argument raised by the petitioner is that the building consists of many rooms and the decree is for vacating two rooms, identity of which is not established.
The records show that the suit for mandatory injunction was specifically filed for two rooms, kitchen, store and verandah, which were in the occupation of the petitioner, who is none-else, but the son of the plaintiff/ respondent – decree-holder. The decree of the trial court is confined to the relief claimed by the respondent, appeal against which has already failed.
Civil Revision No.1709 of 2011(O&M) [ 2 ]
In the circumstances, the objections taken by the petitioner appear to be a bid to delay the execution and thwart the decree, so as to keep the respondent at a distance from enjoying the fruits of a successful legal
battle.
No grounds to interfere.
Dismissed.
March 11, 2011 ( A.N.JINDAL ) `gian' JUDGE
1 issue framed by the court
Whether objections filed by the judgment debtor in execution proceedings regarding identity of rooms to be vacated warrant interference by the High Court.
Surinder Pal Singh
Gurbachan Singh
A.N.JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
