Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.

JUDGMENT :

HARKESH MANUJA, J.

By way of present second appeal, challenge has been laid to the orders dated 10.10.2023 & 24.10.2025 passed by the Courts below, whereby objection petition filed at the instance of appellants (legal heirs of judgment debtor) has been dismissed.

[2] Briefly stating, respondent No. 2-Sudhir filed a suit for declaration qua the property in question situated within the revenue estate of Village Bohari, Tehsil Narnaul, claiming it to be Joint Hindu Family, coparcenary and ancestral property in the hands of his father-Ishwar Singh, while alleging that the subject property was alienated by the father in favour of respondent No. 1-defendant No. 1 vide three different sale deeds, without any legal necessity. The said suit was contested at the hands of respondent No. 1-defendant No. 1 (Kamlesh). Ishwar Singh, who happened to be the father of plaintiff, was proceeded against ex parte in the suit. remained ex parte. Besides filing her written statement, respondent No.1-defendant No. 1 also filed a counter claim for grant of permanent injunction with the prayer to restrain the plaintiff-respondent No. 2 herein (Sudhir) from interfering in her peaceful possession over the suit property.

[3] Vide judgment and decree dated 09.10.2012 passed by the learned Civil Judge, Senior Division, Narnaul, the suit for declaration preferred at the instance of respondent No. 2-plainitff was dismissed, whereas the counter claim filed at the instance of respondent No. 1- defendant No. 1 was decreed, thereby restraining respondent No. 2-plaintiff as well as Ishwar Singh from interfering them in the peaceful possession of defendant No. 1-respondent No. 1 over the suit property.

[4] Aggrieved thereof, respondent No. 2-plaintiff preferred first appeal, however, the same came to be dismissed vide judgment and decree dated 04.11.2015 passed by the Court of Additional District Judge, Narnaul.

[5] Later, respondent No. 1-defendant No. 1 filed execution petition under Order 21 Rule 11 of the Code of Civil Procedure, 1908 (for short “CPC”). Relevant paras-3 & 4 from the execution petition are extracted hereunder:-

“3. That judgment debtor are aware of the above decision and despite this judgment debtor is disobeying the order of the court and interfering with the plaintiff's possession of the above land. Thus judgment debtor has grossly disregarded the order of the court.

4. That hence by submitting the application, it is requested that judgment debtor who even after the order of the court, is disobeying the order of the court is interfering in the above possession of the decree holder. In lieu of which compensation of Rs. 50,000/- should be given to the decree holder from judgment debtor and the land to which judgment debtor has disobeyed the order of the court, should be duly attached and auctioned and the decree holder should be given the possession of the above land. And judgment debtor should be sent to civil jail.”

In response, objections came to be filed on behalf of the appellants being daughters of deceased-Ishwar Singh. The same were opposed at the instance of respondent No. 1-decree holder.

[6] Learned Executing Court vide its order dated 10.10.2023 dismissed the objection petition preferred at the instance of appellants followed by issuance of warrants of possession qua the property in dispute in favour of respondent No. 1-decree holder. The final conclusion recorded by the learned Executing Court-cum-Additional Civil Judge (Senior Division), Narnaul, is extracted hereunder:-

“7. ………………

Further also, in the authority titled as “Anand Shukla and another Vs. Smt. Muti Mittal” 2012(