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2022 Supreme(P&H) 1479

HARKESH MANUJA
Director Indian Institute of Technology Iit Ropar – Appellant
Versus
Shamsher Singh – Respondent


Advocates Appeared:
Mr. Vivek Singla, Advocate, for the petitioners.; Mr. Charanpal Singh Bagri, Advocate, for respondents No.l to 3.; Mr. Sunil Kumar Sharma, Advocate, For respondents No.4 and 5

JUDGMENT

Harkesh Manuja, J. (Oral) - By way of present revision petition challenge has been made to an order dated 18.01.2020 (Annxure P-3) passed by the Executing Court, whereby, warrant of attachment has been issued regarding few of the properties owned by the petitioner-institute.

2. The facts leading to the present case are that a suit for permanent injunction came to be filed at the instance of respondents No.l to 3/plaintiffs which was decreed by the Court of Additional Civil Judge (Sr. Divn.), Rupnagar, vide judgment and decree dated 15.09.2016. The operative para of the said judgment is reproduced as under:

    '20. In view of my findings on aforesaid issues, the suit of the plaintiffs succeed and the same stands decreed with costs. Defendants are restrained from interfering into the possession of the plaintiffs over the suit property, as mentioned in the headnote of the plaint, otherwise than due course of law.

    Shamsher Singh & Others Vs. Director and Anr, Page No.10. Decree Sheet be prepared and file be consigned to the record room. '

    3. After a period of almost 3 years, respondents No.l to 3/plaintiffs filed an execution application dated 04.10.2019 stating therein that the Judgm

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