NORANG SINGH Vs. NAHAR SINGH AND ORS.

JUDGEMENT

(1.) This order shall dispose of the aforesaid five petitions as common issues are involved in these petitions. In this order the parties are referred to by their original positions in the suit. Plaintiff has brought this revision challenging the order dated August 13, 2014 passed by the learned Addl. Civil Judge (Sr. Div.) Nabha.

(2.) The plaintiff is the decree holder. The decree has attained finality. The learned District Judge, Patiala by his order dated January 03, 2013 has allowed the appeal against the order of the learned trial court which has been reversed in favour of the plaintiff by passing the decree. However, he has clarified that at the time of delivery of possession in execution, a fresh demarcation of the suit land be got conducted in accordance with Punjab and Haryana High Court Rules and Orders, Vol. 1, Chapter 1-M and decree sheet be prepared accordingly. In the proceedings before the Execution Court, the learned Additional Civil Judge (Senior Division) Nabha has ordered that the "...suit land of the DH be demarcated firstly". Consequently, issuance of warrants of possession has been deferred to await the report of demarcation.

(3.) The learned counsel submits that the impugned direction of the execution court is not proper when it directs the land of the petitioner DH to be demarcated first. The court should have ordered the demarcation work of the adjoining lands of both the parties to be carried out simultaneously by following the prescribed procedure so that no dispute remains as to the encroachment.