Meeta Ram v. Darshan Ram

CR No.7693 of 2016 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.7693 of 2016 Date of decision:16.11.2016 Meeta Ram ... Petitioner Vs.

Darshan Ram ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Dinesh Nagar, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Petitioner-judgment debtor is aggrieved of the dismissal of the objections filed under Section 47 of the Code of Civil Procedure. Mr. Dinesh Nagar, learned counsel appearing on behalf of the petitioner-judgment debtor submits that the suit for mandatory injunction and recovery of `8,400/- has been decreed by the trial Court and the appeal filed by the defendant has been dismissed by the Lower Appellate Court. He further submits that Regular Second Appeal bearing No.2113 of 2013 is pending before this Court for 05.12.2016 and initially, there was an interim stay but the same has been vacated. The objections have been dismissed as there is dispute with regard to the identity of the property. I have heard learned counsel for the petitioner and appraised the paper book.

I am afraid the aforementioned argument cannot be raised in the objection petition as the trial Court cannot go behind the decree. The Savita 2016.11.22 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.7693 of 2016 {2} petitioner is at liberty to seek remedy of interim protection in a competent Court of law but not in the manner and mode as indicated above. No ground is made for interference in the impugned order. Accordingly, the revision petition stands dismissed. (AMIT RAWAL) JUDGE November 16, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.11.22 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh