STATE OF HARYANA Vs. RAGHUNANDAN PRASAD

JUDGEMENT

(1.) This petition has been filed against the order of the executing Court whereby a vehicle of the Government has been ordered to be attached till the restoration of the possession over the suit land in terms of Civil Court decree dated 18.12.91995. As per the said decree the petitioners were permanently restrained from demolishing the existing construction of the respondent-decree holder on the spot. Thereafter the said construction was demolished. The respondent took out execution. In the objections the petitioners admitted the demolition. It was in those circumstances that the impugned order was passed.

(2.) Learned Additional Advocate General has argued that in fact the construction has been demolished only from that portion of the land which was owned by the petitioners and had been illegally encroached by the respondent. I am afraid this plea is not available in the face of the decree. It is open to the petitioners to get the encroachment, if any, removed by following the due procedure of law but the civil court decree which is admittedly between the parties and in respect of the same property cannot be ignored.