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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Sanju @ Payal – Appellant
Versus
Kamlesh – Respondent
| Table of Content |
|---|
| 1. ownership and possession claims in property disputes. (Para 2 , 3 , 5) |
| 2. dismissal of objections following execution petitions. (Para 4 , 6 , 11) |
| 3. arguments on legal authority for possession warrants. (Para 8 , 12) |
| 4. interpretation of order 21 rules for execution. (Para 13 , 14 , 15) |
| 5. final decision and dismissal of the appeal. (Para 16 , 17) |
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 Sin
Execution courts can issue possession warrants under CPC for violations of permanent injunctions based on established possession findings.
The executing court has jurisdiction to enforce decrees, including injunctions, and can act against violations by judgment debtors.
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 executing court is competent to consider all questions raised by the persons offering obstruction against execution of the decree and pass appropriate order, which is to be treated as a decree. T....
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....
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