SMT.CHANDERWATI Vs. RAJINDER KUMAR ARJUN SINGH

JUDGEMENT

(1.) Under challenge in this revision petition are two separate orders dtd. 12/3/2020 Annexure P3 and Annexure P4, order Annexure P5 dtd. 1/2/2021 passed by Civil Judge (Sr.Divn.), Kurukshetra in Execution Petition No.16 of 2019 as well as warrants of possession dtd. 3/2/2021 issued by the said Court.

(2.) Briefly stated, facts of the case are that a Civil Suit No.456 of 2013 for declaration, possession with consequential relief of permanent injunction filed by plaintiffs M/s Rajinder Kumar Arjun Singh, Commission Agent, Ladwa, Tehsil Thanesar, District Kurukshetra through its partner Ram Narayan, resident of Ladwa, Tehsil Thanesar, District Kurukshetra and said Ram Narayan against the defendants Rajinder Kumar, resident of Niwarsi, now resident of House No.2190, Sector 32, Urban Estate, Ludhiana, Smt.Chanderwati wife of Sadhu Singh and Kamlesh Kaur wife of Sarup Singh, both residents of village Sonti, Tehsil Thanesar, District Kurukshetra was decreed with costs by Civil Judge (Sr.Divn.), Kurukshetra vide judgment and decree dtd. 31/1/2015 resultantly sale deed bearing No.8495/1 dtd. 5/12/2006 was declared as illegal, null and void and was set aside along with mutation No.746 sanctioned on the basis of that sale deed and a decree for possession with consequential relief of permanent injunction was passed in favour of the plaintiffs by restraining defendants No.2 and 3 from alienating, transferring, mortgaging the suit land to any other person or from changing the nature of the suit land in any manner.

(3.) That judgment and decree were challenged by the defendants by filing an appeal before learned District Judge, Kurukshetra, which was assigned to learned Additional District Judge, Kurukshetra, who vide judgment and decree dtd. 19/9/2018 dismissed the said appeal. The decree holders then filed an execution application before the Court of Civil Judge(Sr.Divn.), Kurukshetra craving for issuance of directions to the defendants to comply with the judgment and decree and to hand over the vacant possession of the suit property to the plaintiffs and cost of the suit and execution be got paid to the plaintiffs/decree holders from the defendants/JDs.