NANAK CHAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order dated 19.12.2011, dismissing the execution application filed by the petitioner/decree-holder under Order 21 Rule 32 read with Section 151 of the Code of Civil Procedure, 1908 [for short 'the CPC]. In brief, the petitioner filed a suit for declaration that he is owner in possession of about 600 eucalyptus trees standing on his land and also prayed for consequential relief of permanent injunction to restrain the defendants from interfering into his peaceful possession and also from cutting, removing and disposing of the trees.

(2.) On the pleading of the parties, as many as 8 issues were framed by the trial Court, out of which issue No.1 requires specific attention as it reads thus: -

(3.) The suit was eventually decreed on 1.5.2000. For the purpose of convenience, the claim and the decree read thus: -