Bikkar Singh Deceased Thr. Lrs v. Sukhdev Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No.2243 of 2024 Date of Decision : 18.07.2024 Bikkar Singh (deceased) through LRs ....Petitioners

VERSUS

Sukhdev Singh ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Buta Singh Bairagi, Advocate for the petitioners. ALKA SARIN, J. (Oral) 1.

Present revision petition has been preferred by the petitioners challenging the order dated 27.10.2023 dismissing the objections filed by them.

2.

The only objection raised by the petitioners in the objection petition was that the execution filed by the respondent was barred by limitation.

3.

Brief facts relevant to the present lis are that a judgment and decree dated 07.12.2007 was passed decreeing the suit of the respondent/decree-holder for permanent injunction, operative part of which reads as under :

"This suit on this day is coming before me (Kuljit Pal Singh, PCS, Civil Judge Moga), in the presence of Sh. Sukhmander Singh Brar, Advocate, counsel for the plaintiff and Sh. Iqbal Singh, Advocate, counsel for the JITENDER KUMAR 2024.07.19 10:00 I attest to the accuracy and integrity of this order/judgment Chandigarh

CR No.2243 of 2024 -2defendants. It is ordered that the suit of the plaintiff is decreed with costs, restraining the defendant from forcefully, illegally and without decree cause of law obstructing/demolishing the pacca water-course and passage 2 karmas wide or interfering in any manner with the possession of the plaintiff over Khasra Nos.29//14/1 & 14/2, detailed and described in the headnote of the plaint."

4.

The execution was filed in the year 2021. This Court in case of Bhagwan Chand (Died) through his legal heir vs. Chaman Lal (Died) through his legal heirs & Ors. [2022 (4) RCR (Civil) 463] has held that there is no limitation period provided for implementation of a decree for permanent injunction.

5.

Learned counsel for the petitioners has not been able to show any law to the contrary.

6.

In view of the above, I do not find any merit in the present revision petition and the same is dismissed. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 18.07.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.07.19 10:00 I attest to the accuracy and integrity of this order/judgment Chandigarh