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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Jagjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this revision petition filed under Article 227 of the Constitution of India, petitioner prays for setting aside the order dated 12.04.2024 (Annexure P-1) passed by the Court of learned Addl. Civil Judge (Sr. Divn.), Fatehgarh Sahib, whereby application dated 27.02.2024 (Annexure P-2) filed by the petitioner/decree holder informing the Executing Court about the factum of the non-delivery of the actual possession of the property in dispute to him, was dismissed.
2. Petitioner herein was the plaintiff in Civil Suit No.709 of 1990, which was filed by him against as many as 43 defendants seeking possession of the suit property comprised in Khewat No.161, Khatouni No.518, Rect. No.26, Khasra No. 10 (3-18), situated in village Brahman Majra, Tehsil Fatehgarh Sahib on the ground that he was the title holder of the said property and that defendants did not have any concern with the same, but had encroached upon the same. Vide judgment dated 12.08.1994 (Annexure P-3) passed by learned Sub Judge I- Class, Fatehgarh Sahib, the said suit was decreed. One of the defendants Babu Ram challenged the said judgment and decree by filing Civil Appeal No.137-T of 1994,
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
The duty of the Executing Court to ensure that the decree-holder is put in possession of the property, the subservient rights of subsequent purchasers to the rights of the judgment debtor, and the ne....
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
The executing court possesses the authority to remove illegal constructions made during litigation to ensure complete enforcement of possession decrees.
Execution of joint decrees remains valid even with subsequent transfers of interest by decree-holders, and a judgment-debtor cannot escape execution by claiming ownership.
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
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