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VIKAS BAHL
Mehinga Singh – Appellant
Versus
Hazara Singh – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is the petition under Article 227 of the Constitution of India for setting aside the ex-parte order dated 07.12.2021 (Annexure P-6) passed by the Additional Civil Judge (Sr.Div.), Garshankar, District Hoshiarpur, whereby the application filed by respondent no.1 under Order 21, Rule 32 CPC was allowed on account of violation of the order dated 29.03.2017.
2. The petitioner had filed a suit for permanent injunction restraining the defendants-respondents from interfering in the possession of the plaintiffs in the property marked as ABCD shown in red colour in the site plan measuring 22 kanals 19 marlas bearing khasra no.3221/2522/2 comprised in khata no.371/60 to 615 as per jamabandi for the year 2006-07 situated in the area of village Rurki Khas, Tehsil Garhshankar, illegally and forcibly.
3. Respondent no.1 (defendant no.1) had filed a counter claim seeking permanent injunction restraining the plaintiffs from interfering into the lawful and peaceful possession of the counter claimants of the land measuring 34 kanals 19 marlas bearing khasra no.3311/3223/2522/7, 3222/2522, 3310/3223/2522, 3221/2522/1 marked as LMNOPQ shown in red and blue colours in
The court upheld the legality of an ex-parte order for encroachment due to the petitioner's failure to present evidence, affirming the Executing Court's findings.
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
The main legal point established in the judgment is that the decree of permanent injunction is binding on all parties, and relief can be sought under Order XXI Rule 32 of the Code of Civil Procedure ....
To initiate proceedings under Order 21 Rule 32 CPC, specific details of the alleged violation must be provided, which the appellant failed to do.
Injunctions under the Specific Relief Act cannot be granted if they impede infrastructure projects, especially when the party lacks ownership or lease rights to the property in question.
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