KULVINDER KAUR Vs. SURINDER TAWAR AND OTHERS

JUDGEMENT

(1.) This order will dispose of CR No.6480 and 6525 of 2016 as identical questions of law and fact are involved for adjudication. For the sake of convenience, facts are taken from CR No.6480 of 2016.

(2.) Counsel for the petitioner has submitted that Dalbir Singh and others filed a suit for declaration with consequential relief of permanent injunction claiming them to be owner in possession of suit property and the suit was filed against Gurbachan Kaur and Gurvinder Kaur (minor). In the said suit, Gurbachan Kaur and Gurvinder Kaur filed a counter-claim for possession of suit land. The suit filed by Dalbir Singh and others and counter-claim preferred by Gurbachan Kaur and another were ordered to be dismissed by the trial Court vide judgment and decree dated 15.06.2009.

(3.) Gurbachan Kaur and Gurvinder Kaur preferred an appeal against the aforesaid judgment and decree and the Court of Additional District Judge, Fast-track Court, Karnal allowed the appeal in respect of counter-claim preferred by Gurbachan Kaur and Gurvinder Kaur vide judgment and decree dated 20.01.2012 (Annexure P6). On the basis of the decree passed by the Court of appeal, an application for execution of the decree was filed by the assignees of the decree-holders. In the execution proceedings, two separate applications were filed by the petitioner one under Order 21 Rule 35 CPC and another for recalling of warrants of possession to be executed with police help. The Executing Court vide impugned order dated 14.09.2016 dismissed both the applications and warrants of possession were ordered to be issued for 28.09.2016.