RATTANJIT Vs. AMARJEET SINGH

JUDGEMENT

(1.) By this petition, the petitioner has challenged the judgment and order of the learned Civil Judge (Junior Division), Batata, dismissing her application filed under Order 21 Rule 32 of the Code of Civil Procedure, seeking enforcement of the judgment and decree dtd. 5/12/1996 issued in favour of the petitioners' father Hazoor Singh, in Civil Suit no. 59 of 15/9/1990, titled as Hazoora Singh v. Amarjit Singh and others. The application was filed by Hazoor Singh himself, during the pendency of which he obviously passed away, (thereafter being represented by the present petitioner, i.e. his daughter, before the execution court). [It is to be noticed that the petitioners' father has at different places being referred to as Hazoora Singh son of Bhan Singh and at other places as Hazoor Singh son of Bhan Singh, with there otherwise being no controversy on his identity. As such, he is being referred to as Hazoor Singh because that is his name given in the memo of parties before this court].

(2.) As per the application, when Hazoor Singh alongwith his son-in-law Kuldip Singh were present on their fields on 30/6/2006, the respondent-judgment debtors forcibly entered the fields on a tractor trolly and destroyed the standing crops, also threatening Hazoor Singh and Kuldip Singh, when they tried to resist. Hence, in the application, the relief sought was that the decree passed by the civil court on 5/12/1996 be executed by either sending the judgment debtors to civil imprisonment or by attachment of their properties. The said decree was one perpetually restraining the respondent-judgment debtors from interfering in the plaintiff- decree holders' possession of the suit land.

(3.) Upon notice issued by the execution court to the respondent judgment debtors, they denied the entire story of the decree holder, and contended that the application had been filed only to harass them.