The Executing Court must enforce judicial decrees as issued, without alteration or inquiry into their merits, reaffirming an entitlement to full benefits as dictated by the final judgment.

JUDGMENT

Namit Kumar, J.

Challenge in the present petition

The petitioner-decree holder has approached this Court by way of filing the instant Revision Petition challenging the order dated 08.11.2021 passed by the Court of learned Civil Judge (Senior Division), Kurukshetra, whereby objections filed by the Superintendent of Police/judgment-debtor No.2 have been accepted and the execution petition filed by the petitioner has been held to be not maintainable and accordingly the same has been dismissed.

Brief facts

2. Brief facts leading to the filing of the present petition, as pleaded in the petition, are that petitioner-decree holder was recruited as a Constable on 30.09.1976 in Rohtak and was transferred to Kurukshetra in the same year. He submitted his resignation on 25.08.1991 through proper channel and thereafter he withdrew the same on 29.08.1991. However, his resignation was accepted by the defendants on 29.08.1991 and he was relieved from service. Thereafter, the petitioner submitted various requests to the defendants to treat him on duty and in continuous service, however, the said requests were not accepted and the plaintiff served a legal notice dated 31.10.1991 under section 80 CPC and thereafter filed a suit for declaration with consequential relief of mandatory injunction to the effect that the plaintiff be treated to be in continuous service as Constable under the defendants without any break and acceptance of his resignation on 29.08.1991 by the defendants be declared as illegal, null and void and be set aside. As a consequential relief, plaintiff prayed for all incidental service benefits. The said suit was decreed vide judgment and decree dated 30.01.1997 by the Court of learned Civil Judge (Senior Division), Kurukshetra and the order dated 29.08.1991 was declared null and void and was set aside and the plaintiff was held to be continuing in service. The concluding para of the said judgment reads as under: -

"In view of my findings on the foregoing issues, this suit succeed and hereby decreed with costs and order dated 29.08.1991 passed by Superintendent of Police, Kurukshetra is declared as null and void and is hereby set aside. The plaintiff is also held to be continuing in service."

3. Thereafter, defendants/State of Haryana preferred an appeal before Lower Appellate Court challenging the judgment and decree dated 30.01.1997 and the same was dismissed by learned Additional District Judge, Kurukshetra, vide judgment and decree dated 07.10.1997. Both these judgments/decrees passed by the Courts below were challenged before this Court in RSA-1815 of 1998 and vide order dated 31.08.1998, while issuing notice in the stay application and main appeal for 02.11.1998, operation of the impugned judgment was stayed till further orders and thereafter the Regular Second Appeal was admitted. The execution petition which was filed by the petitioner for implementation of the judgment and decree dated 30.01.1997 was adjourned sine die in view of order dated 31.08.1998 passed in RSA- 1815 of 1998. While the Regular Second Appeal was pending before this Court, petitioner submitted a mercy petition before the then Director General of Police, Haryana, for taking him back in service and the same was accepted vide order dated 15.08.2003 by passing the following order: -

"This order shall dispose of the mercy petition submitted by ex.Constable Ishwar Singh No. 619/KKR for taking him back in service.

Whereas the brief facts of this case are that the revisionist was recruited as Constable in this department on 30.09.1976. His work and conduct was not found satisfactory for which he was a