LAKHI Vs. BALJEET SINGH AND ORS

JUDGEMENT

(1.) Allowed as prayed for.

(2.) Judgment debtor No. 1-Lakhi has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge two orders both dated 26.11.2010 (Annexures P-5 and P-6) passed by the executing Court i.e. learned Civil Judge (Junior Division), Sonepat thereby dismissing objection petition Annexure P-3 filed by Petitioner-Judgment Debtor No. 1 and appointing Local Commissioner to get removed the encroachment depicted in site plan by letters 'EDBC' from the street.

(3.) Vide judgment and decree dated 25.09.2009 Annexure P-1, suit filed by Respondent Nos. 1 and 2 (decree-holders) was decreed by the trial Court for permanent injunction as well as mandatory injunction inter alia directing removal of the aforesaid encroachment made in the street. First appeal preferred against said judgment and decree of the trial Court by Defendant No. 1 (Petitioner herein) was dismissed by learned Additional District Judge, Sonepat vide judgment and decree C.R. No. 8450 of 2010 (O & M) -2 dated 24.12.2009 Annexure P-2. Thereafter decree-holders filed execution petition for execution of the decree. Petitioner herein filed objection petition Annexure P-3 in the executing Court alleging that the decree is unexecutable as exact dimensions of houses of judgment Debtor No. 1 and decree-holders and their neighbours have not been specified nor extent of encroachment to be removed has been specified and in the absence of exact area and dimensions, the decree cannot be executed.