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HARKESH MANUJA
Director Indian Institute of Technology Iit Ropar – Appellant
Versus
Shamsher Singh – Respondent
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
The executing court must follow the procedure laid down under Rule 32 Order 21 CPC and grant an opportunity to the petitioners to show cause regarding any disobedience of the decree.
A claim under Order 38 Rule 10 of C.P.C is maintainable after the suit is decreed, and the attachment before judgment continues after the decree, adjudicable under Order 21 Rule 58 of C.P.C.
The Decree Holders deserved to be put back in possession as relegating them to filing another suit for recovering possession would lead to multiplicity of litigations and would prejudice the Decree H....
The main legal point established in the judgment is that the execution court has a duty to construe the decree and ascertain its true effect by looking into the pleadings, relief sought, and judgment....
The principle of 'interest reipublicae ut sit finis litium' - there should be a limit to the litigation.
The Execution Court has broad powers under Order XXI Rule 32 to enforce decrees, including mandatory injunctions, and objections regarding executability are unfounded.
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