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2018 DIGILAW 1411 (HP)

Bhartu v. Piar Chand

2018-07-30

SURESHWAR THAKUR

body2018
JUDGMENT : Sureshwar Thakur, J. The plaintiff’s suit for rendition of, a, decree, of, permanent prohibitory injunction, and, for rendition, of, a decree, of, mandatory injunction, vis-a-vis, the suit khasra No. 356, situated in mauza Salori, Pargna Diur, Tehsil Salooni, District Chamba, H.P., stands conclusively decreed. (i) However, a perusal of the decree sheet rather reveals, qua, the decree appertaining, to suit khasra No. 356, (ii) yet, a, further perusal of the apt decree sheet, omits to make any disclosure, vis-a-vis, any specific portion thereof, hence standing delineated therein, to, rather stand entailed with the mandate, of, a, conclusive decree of permanent prohibitory injunction and mandatory injunction, as, pronounced in respect thereof. 2. Despite the aforesaid infirmities rather existing, in, the conclusive decree rendered by the learned Senior Judge concerned, the decree holder, yet, proceeded to put the decree, to, coercive execution, before the learned Executing Court, and, also omitted to append therewith any apt ‘Tatima’ nor preparation thereof stood proceeded, by, any valid demarcation hence with graphic disclosures, being borne therein, qua the specific part, of, khasra number 356, whereupon the judgment debtor, had proceeded to make encroachment(s). Also, the objections of the judgment debtor bearing consequence therewith, were, rejected by the learned Executing Court. Consequently, in the learned Executing Court rather proceeding to order for coercion execution, of, the apt warrants of possession, viaavis, the suit khasra number, has hence apparently committed, a, gross illegality and impropriety, thereupon, in the interest of justice, the impugned order, is quashed and set aside. The matter is remanded to the learned Executing Court, with, a direction to, it, qua after its affording adequate opportunities to the decree holder, and to the judgment debtor, to produce the relevant tatima(s), prepared after valid demarcation(s) being conducted, upon, khasra No. 356, hence make a fresh decision thereon, within six weeks thereafter. The parties are directed to appear before the learned trial Judge on 14.8.2018. All pending applications, also stand disposed of.