IMPORTANT POINT
The petitioner failed to prove illegal dispossession under Order XXI Rule 32 CPC, leading to the dismissal of her application for execution of the decree.

JUDGMENT :

ANIL KSHETARPAL, J.

1. In this revision petition, the petitioner assails the correctness of the order dated 28.10.2016 passed by the Executing Court. The application filed by the petitioner under Order XXI Rule 32 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been dismissed on the following grounds:

(i) The petitioner has failed to disclose the approximate time period when she was forcibly dispossessed in infringement of the decree.

(ii) The petitioner, while appearing in evidence, in the Executing Court has categorically admitted that Sh. Mohinder Singh is in actual physical possession of the property for the last 16-17 years.

(iii) the petitioner has failed to examine any of her neighbour or any other person of the locality to prove the fact that she was illegally dispossessed after passing of the decree for injunction on 22.08.2001.

(iv) The Executing Court has found that the petitioner obtained the decree by concealment of facts.

2. Heard the learned counsel representing the petitioner at length and with his able assistance perused the paperbook.

3. Learned counsel representing the petitioner submits that there is a decree in favour of the petitioner and therefore, the Executing Court is required to implement the same. He further submits that the petitioner was held to be in possession of the property and she is complaining that she has been dispossessed. It implies that obviously the petitioner has been dispossessed after the decree was passed.

4. This Court has considered the submissions made by the learned counsel representing the petitioner.

5. Order XXI Rule 32 CPC provides for execution of the decree for the specific performance of the restitution of conjugal rights and for injunction which reads as under:

“32. Decree for specific performance for restitution of conjugal rights, or for an injunction:

(1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced [in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract, or for an injunction] by his detention in the civil prison, or by the attachment of his property, or by both.

(2) Where the party against whom a decree for specific performance or for an injunction has been passed is a corporation, the decree may be enforced by the attachment of the property of the corporation or, with the leave of the Court, by the detention in the civil prison of the directors or other principal officers thereof, or by both attachment and detention.

(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for [six months] if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold; and out of the proceeds the Court may award to the decree-holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his application.

(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he is bound to pay, or where, at the end of [six months] from the date of the attachment, no application to have the property sold has been made, or if made has been refused, the attachment shall cease.

(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree-holder or some other person appointed by the Court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and may be recovered as if