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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ARCHANA PURI
Gian Chand – Appellant
Versus
Bishambar – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. These are two revision petitions filed by the petitioner to assail the order dated 23.11.2020 passed by learned Executing Court, whereby, an application for seeking police help was dismissed and issues were framed, vis-a-vis, objections filed by the respondents.
2. The essential facts, to be noticed, are as follows:-
3. That, the petitioner (plaintiff before learned trial Court) had filed a civil suit No.298 of 1996, thereby, seeking issuance of permanent injunction to restrain the defendants (i.e. Beni Prashad and Bishambar), in any manner, whatsoever, in the peaceful cultivating possession of the petitioner-plaintiff over the land measuring 22 Kanal 8 Marla, bearing Khewat/Khatauni No.175 Min/380, Khasra No.25//9/2, 12/2 and Khewat/Khatauni No.183, Min/402 bearing Khasra No.76//14, situated in the revenue estate of village Khadri, Tehsil Chhachhrauli, District Yamunanagar. In the said suit, the petitioner-plaintiff asserted himself to be in occupation of the property in question as tenant for the last 15 years and that he had been paying batai regularly to the defendants. The defendants without having any interest, are threatening to dispossess him from
The court affirmed that police assistance for enforcing a decree requires proof of willful disobedience, and acknowledged the shared rights of co-sharers impacting enforcement viability.
The executing court cannot go beyond the terms of the decree and must give effect to the decree as passed, and a decree, even if erroneous, is binding between the parties until set aside by an approp....
Civil rights disputes must be adjudicated in civil courts, and the High Court cannot grant police protection without establishing possession through proper legal channels.
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.
The court affirmed that police protection can be ordered to implement civil injunctions, emphasizing the judiciary's role in upholding property rights against unlawful interference.
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.
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