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2019 Supreme(P&H) 2601

RAJ MOHAN SINGH
Nek Dass And Ors. – Appellant
Versus
Mohan Lal – Respondent


Advocates Appeared:
M.K. Singla, for the Appellant; Jai Bhagwan, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioners have preferred this revision petition against the order dated 20.08.2018 passed by the Addl. Civil Judge (Sr. Divn.) Sunam allowing the application under Order 21 Rule 32 CPC for enforcement of decree against the petitioners for delivery of possession of the land in question.

2. Warrants of possession were issued vide the impugned order. Perusal of the record would show that a Civil Suit No. 43 dated 14.06.2008 was filed by the plaintiff/respondent for permanent injunction. It was averred by the respondent that the suit property was purchased by him along with his brother from Bhola Dass, Gurmail Dass and Nek Dass. The defendants have no concern with the suit property. Restraint was sought qua interference by the defendants in the suit property. The suit was decreed vide judgment and decree dated 14.02.2012. A decree for permanent injunction was passed in favour of the plaintiff/respondent restraining the defendants/petitioners from interfering in the peaceful possession of the plaintiff and from dispossessing him from the suit property. The said judgment and decree was never assailed by the petitioners.

3. Thereafter another suit was filed b

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