Gulzara Ram v. Baru Ram @ Sat Pal And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No. 141 CR-1011-2024 Date of Decision: 15.07.2024 GULZARA RAM ...PETITIONER

Versus

BARU RAM @ SAT PAL AND ORS.

...RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Sunny K. Singla, Advocate for the petitioner.

ANIL KSHETARPAL, J.(ORAL) This revision petition has been filed by the decree holder to assail the correctness of trial Court's order dated 23.11.2023 while dismissing his application under Order 21 Rule 32 CPC for implementation of decree passed for injunction.

The petitioner's claim is that the judgment and decree dated 17.07.2006 has been willfully disobeyed by the respondents. It has also come on record that the petitioner filed a civil suit against Surjit Kaur, which was dismissed on 11.10.2006.

As per the report of local commission, Surjit Kaur is in possession of some part of the judgment debtors property. Moreover, the petitioner failed to prove that there was any willful disobedience of judgment and decree passed in favour of the petitioner. It is the case of the judgment debtor that much before the filing of the suit they had opened their door and two windows in their own property, which is in un-authorized possession of Surjit Kaur. It has also been held that the appellant has failed to prove willful violation of the injunction order by the judgment debtor Thus, the Court has dismissed the application under Order 21 Rule 32 CPC. DINESH KUMAR 2024.07.19 10:41 I attest to the accuracy and integrity of this document at the bottom of left side

DINESH KUMAR 2024.07.19 10:41 I attest to the accuracy and integrity of this document at the bottom of left side