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2011 Supreme(P&H) 541

M.M.S.BEDI
Davinder Kumar – Appellant
Versus
Ashok Kumar – Respondent


Advocates appeared:
Mr. Yogesh Goel, Advocate for the petitioner.

JUDGMENT

M.M.S. BEDI, J. (ORAL) - The petitioner is a decree-holder entitled to the possession on the basis of warrant of possession which is required to be executed with police help as per Order 21 Rule 31 CPC.

2. Through the instant petition, the petitioner has sought a direction to the District Judge, Ludhiana to take effective steps for the grant of police protection from Commissioner of Police, Ludhiana, for executing the warrants of possession in execution Petition No.83 of April 19, 1994 titled Devinder Kumar and another Vs. Harbans Lal and others, pending in the court of Sh.Jarnail Singh, Civil Judge, (Junior Division), Ludhiana, fixed for February 24, 2011.

3. The grievance of the petitioner is that the High Court Rules and Orders Volume IV Chapter 7 Part ‘J’ deals with police assistance which reads as follows:-

“Police Assistance:- 1. The Punjab Government has decided that the following conditions should govern the rendering of Police assistance to the Civil Courts in the execution of warrants of arrest and distress or of warrants for the delivery of possession of immoveable property.

2. When request may be made for Police assistance-A Subordinate Judge may move the Distri










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