BANWARI LAL Vs. MUNICIPAL COMMITTEE KANINA

JUDGEMENT

(1.) The present revision petition, has been filed against the order dated 21-8- 2004 passed by the learned Civil Judge (Jr. J Divn.). Mohindergarh dismissing the petition moved by the petitioner under Order 21, Rule 32, CPC.

(2.) It is not in dispute that the learned Addl. District Judge, Narnaul passed the following order on 21 -5-1986 :-

(3.) The petitioner had moved an application for restoration of possession, which was alleged to have been taken forcibly by the judgment-debtor. However, the said application has been dismissed merely on the ground that the petitioner would be at liberty to file contempt petition taut no execution application was competent. The learned executing Court has not gone through the merits of the case whether the petitioner has been evicted against the decree passed by the Court or not ?