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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Ravinder Singh – Appellant
Versus
Brij Lal (deceased) through his Lr – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 20.11.2019 (Annexure P-5) passed by the Civil Judge (Junior Division), Karnal in Execution Petition No.315 of 2014 titled as Brij Lal Vs. Ravinder Singh, whereby order for warrant of possession of the suit property has been issued.
ARGUMENTS ON BEHALF OF THE PETITIONER:-
2. Learned counsel for the petitioner has submitted that the suit for permanent injunction was filed by respondent-Brij Lal on 15.06.2012 (since deceased and now being represented by his LR) and it is the case of the petitioner that the petitioner has already constructed shop in the suit land. It is submitted that decree for injunction was passed on 20.10.2014 but prior to the passing of the said decree, construction of the shop had already been completed by the petitioner. It is argued that in the said circumstances, while filing an execution petition under Order 21 Rule 32 of CPC read with Section 151 of CPC, the respondent cannot seek possession or demolition of the shop which was already in existence prior to the passing of the judgment and decree dated 20.10.2014. It is s
The executing court has the power to remove unauthorized constructions made pendente lite and to ensure full enforcement of the possession decree. The court also emphasized that the respondents canno....
The executing court possesses the authority to remove illegal constructions made during litigation to ensure complete enforcement of possession decrees.
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