Mr. Raj Mohan Singh, J.:- Petitioner is aggrieved of the order dated 10.05.2013 passed by the Civil Judge (Sr. Divn.) Jalandhar vide which enforcement of the decree dated 22.02.2002 passed by the Addl. Civil Judge (Sr. Divn.) Jalandhar in terms of Order 21 Rule 32 was declined.

2. Brief facts are that petitioner/plaintiff filed a suit for declaration to the effect that the plaintiff was entitled for allotment of plot under the Local Displaced Person Scheme (hereinafter to be referred as the ‘LDPS Scheme’) of Jalandhar Improvement Trust in J.P. Nagar, Jalandhar being legal heir of deceased Gurmukh Singh resident of 455-456, Preet Nagar, Sodal Road, Jalandhar, who applied for allotment of the plot vide diary No.1232 dated 04.07.1979 to defendant No.7. Mandatory injunction was also sought for issuance of directions to defendant Nos.7 and 8 to make allotment of the plot under the aforesaid scheme in favour of plaintiff being legal heir of deceased Gurmukh Singh.

3. The suit was contested by all the defendants. Defendant Nos.7 and 8 filed their joint written statement and contested the suit along with defendant Nos.1 to 6. Replication was filed by the plaintiff to the written statement filed by defendant Nos.7 and 8. Issues were framed. Issue nos.1 and 2 were to the following effect:-

“1. Whether the plaintiff is entitled for allotment of the plot under the Local Displaced Person Scheme of J.I.T. in J.P. Nagar? OPP.

2. Whether the plaintiff is entitled to the mandatory injunction prayed for? OPP.”

4. The trial Court while deciding the aforesaid issues nos.1 and 2 held in para No.11 of its judgment in the following manner:-

“11. Considering the unrebutted or oral as well as documentary evidence, the plaintiff is entitled to the allotment of the plot under the Local Displaced Person Scheme of Jalandhar Improvement Trust in J.P. Nagar, who is only valid nominee successor in interest of the deceased Gurmukh Singh son of Nand Singh, R/o 455/456, Preet Nagar, Sodal Road, Jalandhar. Accordingly, the plaintiff is held entitled to seek the relief of declaration mandatory injunction. Both these issues are accordingly, decided in favour of the plaintiff and against the defendants.”

5. Evidently, both the issue Nos.1 and 2 were decided in favour of the plaintiff and against the defendants. The plaintiff was held entitled to the allotment of plot under the LDPS Scheme of Jalandhar Improvement Trust in J.P. Nagar being valid nominee/successor in interest of the deceased Gurmukh Singh. In the concluding part of its judgment, the trial Court held that in view of findings recorded under the issues, the suit of the plaintiff was decreed and he was declared to be entitled for allotment and to seek the allotment of plot subject to the condition of the LDPS Scheme of Jalandhar Improvement Trust in J.P. Nagar, Jalandhar being legal heir of deceased Gurmukh Singh. Accordingly the decree was drawn to the following effect:-

“It is hereby ordered that the suit of the plaintiff succeeds and is decreed to the effect that the plaintiff is declared to be entitled for allotment and to seek the allotment of plot subject to the conditions of the local displaced person scheme of Jalandhar Improvement Scheme in J.P. Nagar, Jalandhar, being legal heir of deceased Gurmukh Singh son of Nand Singh r/o 455-456, Preet Nagar, Sodal Road, Jalandhar who applied for the allotment of the plot vide diary No.1232 dated 04.7.79 to defendant no.7. Further the plaintiff is also entitled for the mandatory injunction and accordingly, the defendants no.7 and 8 are directed to make allotment, subject to the conditions applicable thereto under local displaced person scheme in J.P. Nagar, Jalandhar being legal heir of deceased Gurmukh Singh son of Nand Singh C/o Varinder Singh r/o H.No.455-456, Preet Nagar, Sodal Road, Jalandhar with costs.”

6. The petitioner/decree-holder filed an application for enforcement of the decree and also filed an application for allotment of the plot i