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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Rajesh Kumar @ Bittu – Appellant
Versus
Bakshish Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a civil revision petition under Article 227 of the Constitution of India for setting aside the order dated 16.08.2016 (Annexure P-3), order dated 09.02.2017 (Annexure P-4) passed by the Civil Judge (Junior Division), Ludhiana as well as the order dated 19.04.2017 (Annexure P-10) passed by the trial Court vide which the objections filed by the petitioner dated 01.03.2017 (Annexure P-7) as well as the application filed by the petitioner under Order 1 Rule 10 CPC read with Section 151 CPC dated 15.03.2017 (Annexure P-8) has been dismissed by the trial Court.
ARGUMENTS ON BEHALF OF THE PETITIONER:
2. Learned counsel for the petitioner has submitted that the petitioner had filed objections dated 01.03.2017 in the application for passing final decree, on the ground that police officials along with 10-12 persons had visited the shop in question which was in possession of the petitioner on 22.02.2017 and had taken possession from the petitioner after showing warrants of possession issued by the Court against the petitioner. It is further submitted that the petitioner was shocked since he had been in possession of the suit property as a tenant and had been i
The concept of 'Due Process' and its application in property disputes, as well as the limitations of the court's powers under Article 227 of the Constitution of India.
The Execution Court's rejection of a petition under Section 47 of the CPC was justified due to the petitioners' inconsistent claims over property ownership and tenancy, indicating a deliberate attemp....
The court established that objections to execution based on prior claims are barred by res-judicata, and the executing court cannot entertain repetitive claims without new evidence.
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