LAWS(P&H)-2022-4-109

YOGINDER KUMAR SUD Vs. THAKUR RAJIV SINGH

Decided On April 18, 2022
Yoginder Kumar Sud Appellant
V/S
Thakur Rajiv Singh Respondents

JUDGEMENT

(1.) The present civil revision under Article 227 of the Constitution of India has been filed for setting aside the impugned order dtd. 7/4/2018 (Annexure P-5) passed by the Court of Civil Judge (Senior Division), Jalandhar vide which the objections filed by respondent no.l have been accepted and the application filed by the petitioner/decree-holder for providing police help for enforcing the decree dtd. 24/8/2002 has been dismissed. Also under challenge is the order dtd. 14/12/2018 (Annexure P-6) whereby the appeal of the petitioner/decree-holder against the order dtd. 7/4/2018 has been dismissed as being not maintainable.

(2.) Brief facts relevant to the present lis are that the petitioner claiming of being owner in possession of Plot Nos.7 and 8 situated in Village Kingra, Friends Cooperative Housing Society (Guru Teg Bahadur Nagar Enclave), Jalandhar on the basis of sale deed dtd. 2/2/2000, filed a suit for permanent injunction for restraining the respondent no.l herein from interfering in possession of the petitioner over land measuring 2 Kanais 13 Marlas and 12 sq ft i.e Plot Nos.7 and 8 comprised in Khasra No.203 to 209, 447/201, 449/211 situated in the revenue estate of village Boot and Khasra No. 1892/2 situated in the revenue estate of village Kingra, Tehsil and Distt Jalandhar as entered in the jamabandi for the year 1995-96 precisely situated in village Kingra Friends Co. Op Housing Building Society Ltd. Jalandhar and bounded as under :

(3.) Vide judgement and decree dtd. 24/8/2002 the said suit for pennanent injunction was decreed restraining respondent no.l from interfering in the peaceful possession of the petitioner over the suit land except otherwise than in due course of law. Respondent no.l challenged the judgment and decree dtd. 24/8/2002 by way of appeal which was dismissed vide judgment and decree dtd. 17/3/2003. Respondent no.l filed RSA No.2455 of 2003 in this Court against the judgements and decrees passed by both the Courts decreeing the suit of the petitioner.