JUDGMENT :

Sanjay Vashisth, J.

1. Petitioner (decree holder)-Dev Raj has filed present revision petition, challenging order dated 23.08.2014 passed by the Executing Court in the execution petition, whereby, application filed by the petitioner/decree holder under Order 21 Rule 32 CPC was dismissed.

Brief facts of the application filed by the decree holder says as under:-

“Brief facts of the application is that the DH/ Applicant has filed Civil Suit No. 172 of 19.04.1995 against the JDS/ defendants for "Mandatory Injunction" directing the defendants to remove the illegal and unlawful construction raised in the passage bearing Khasra No. 160 Khatoni No. 127 Khewat No. 421 situated in Village Barchha, HB NO. 83, Tehsil Dasuya, District Hoshiarpur and to restore the passage in to its original position. That the above said Civil Suit was decided by Mrs. Sukhwinder Kaur, PCS, Civil Judge (Jr. Divn.), Dasuya and the same was decreed by judgment and decree dated 27.11.1998 and the defendants were directed to remove the illegal and unlawful construction from the passage in suit within two months from the date of judgment and decree. That the defendants assailed the impugned judgment and decree i