MOHINDER SINGH Vs. KARAMVIR & OTHERS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 04.06.2008 passed by the learned Additional Civil Judge (Senior Division), Sultanpur Lodhi (Executing Court) as well as judgment/order dated 30.05.2009 passed by the learned Appellate Court/District Judge, Kapurthala, thereby execution application moved by the respondent - decree holder was allowed by the learned Executing Court and judgment debtor No.3 - Mohinder Singh - petitioner herein is ordered to be detained in civil imprisonment for a period of six months for violating the judgment and decree dated 04.10.1999.

(2.) The brief facts of the present case are that decree holder - plaintiff filed civil suit for declaration and permanent injunction regarding land measuring 12 kanals 14 marlas situated in Village Bhago Budha, Tehsil Sultanpur Lodhi, District Kapurthala and suit was decreed in favour of the decree holder - plaintiff on 04.10.1999.

(3.) Learned counsel for the petitioner - judgment debtor vehemently argued that it is not proved on record that Mohinder Singh - petitioner ever put remains of wheat crop on fire or ever entered into the property in dispute in violation of the decree. He further stated that plaintiff - decree holder is in peaceful possession and is cultivating the land without any interference from the side of the petitioner. He undertakes that in future also judgment debtor - petitioner shall not interfere in the possession of the plaintiff - decree holder and shall abide by the decree dated 04.10.1999.