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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Indrawati – Appellant
Versus
Dull Chand – Respondent
JUDGMENT :
Deepak Gupta, J.
Petitioner herein was defendant No.17B/counter claimant in Civil Suit No.318 of 2009 titled 'Matu Ram and others Vs. Maha Singh and others', in which his counter-claim was decreed on 07.11.2011; whereas, the suit of the plaintiffs Matu Ram etc. was dismissed. Thus, for the purpose of his counter-claim, petitioner is the decree-holder. He is aggrieved by the impugned order dated 05.04.2019 (Annexure P7) passed by Id. Executing Court, whereby his application under Order 21 Rule 32 CPC read with Section 151 CPC for enforcement of the judgment and decree dated 07.11.2011 regarding his counter-claim, has been dismissed.
2.1 It is contended by Id. Senior counsel that suit of the plaintiffs (contesting respondents herein) seeking declaration and permanent injunction regarding the property in dispute was dismissed; whereas; the counter-claim filed by the petitioner/defendant No.17B was decreed on 07.11.2011. Ld. Senior counsel has drawn attention towards the copy of counter-claim (Annexure Pl), wherein it was specifically pleaded by defendant No.17B/petitioner that she is the owner in cultivating possession of the suit land. Relief was specifically claimed to the e
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
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 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 the enforceability of the decree under section 47 and section 151 of the Civil Procedure Code, 1908, and the consequences of permissive possession ....
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.
The main legal point established in the judgment is that a decree obtained by a tenant against a licensee can be executable against subsequent purchasers who are in possession without any lawful decr....
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