DAYA CHAND Vs. HARPAL SINGH

JUDGEMENT

(1.) Present revision petition has been filed praying that the orders dated 14th August, 2006 and 23rd January, 2009 passed by Civil Judge (Junior Division), Mohindergarh and Additional District Judge, Narnaul respectively be set aside.

(2.) It is not disputed that Nand Kishore had filed a Civil Suit No.805 dated 18.09.1982 against Harpal Singh and others seeking the relief of permanent injunction. The said suit was decreed by the trial Court on 28th July, 1988 and the appeal filed by defendant to that suit was dismissed by the District Judge, Namaul on 15th January, 1990.

(3.) The petitioner herein had purchased the land in question from Nand Kishore vide a registered sale deed dated 10th April, 1991. The petitioner had put up a claim that he had purchased 2/3rd share of Nand Kishore out of the land measuring 1 Kanal 5 Marias comprised in Khasra No.218/1 whereupon Nand Kishore had built his house. As per the site plan attached, this area has been depicted as 'ADKJ'. This site plan was made a part of the earlier suit titled as 'Nand Kishore v. Harpal Singh'. The petitioner herein had set out a case that after purchase of the land in question, he stepped into the shoes of Nand Kishore and filed an application under Order XXI Rule 32 CPC praying that the respondents be sent to civil imprisonment for not complying with the decree of the Court. The Executing Court vide impugned order dated 14th August, 2006 dismissed the application filed by the petitioner on the following grounds: