SHAMBOO Vs. DARSHAN SINGH

JUDGEMENT

(1.) An application under Order 21 Rule 32 CPC filed by the petitioner having been dismissed by the Executing Court vide its order dated May 31, 2003, the petitioner has filed this revision petition for setting aside the same.

(2.) The petitioner had filed a suit for permanent injunction to restrain the respondents from interfering in the lawful possession of his house constructed over land measure 1K 5M being share out of the land measuring 2K 10M comprising in Khasra Nos.321 (1-6) and 323 (1- 4), Khewat No.96, Khatauni No.130 situated in the revenue estate of village Depur, Tehsil Dasuya, District Hoshiarpur. Along with the plaint, the petitioner also appended a site plan in which the suit property was shown and marked by letters ABCD. The said site plan is Ex.A5 in the execution proceedings.

(3.) The respondents, apart from contesting the above said suit, raised a counter claim for possession of 10-M land out of khasra Nos.323 and 346 which, according to the respondents, was illegally taken into possession by the petitioner during the pendency of the suit. Learned civil court vide its judgment and decree dated 19.8.2002 decreed the petitioner's suit in toto and dismissed the respondents counter-claim. It is not disputed that the said judgment and decree have attained finality.