GURVINDER SINGH Vs. KALA SINGH

JUDGEMENT

(1.) Challenge is to the orders dated 11.08.2017 and 08.12.2017 passed by Civil Judge (Junior Division), Kalka, vide which application for providing police help to the respondent(s) was allowed and the respondent(s) was permitted to withdraw the application with a permission to file fresh application, if need arises.

(2.) Vide the impugned proceedings, decree holder/respondent was allowed to take possession of the suit property with the police help on the premise that the execution has been filed in judgment and decree arising out of suit for permanent injunction dated 06.07.2013. Appeal against the said judgment and decree has been dismissed by the Lower Appellate Court on 05.07.2014. Decree holder alleged that the judgment debtor was causing illegal interference in the possession of the suit land.

(3.) Trial Court in order to maintain peace and harmony over the suit property and to avoid any act of interference and disturbance, allowed the police help vide order dated 11.08.2017. The order was passed just to avoid multiple litigation in future. Thereafter, vide order dated 08.12.2017, statement of Amrik Kaur was recorded in which she has stated that the judgment debtor be directed not to interfere during the process of getting possession by the decree holder with the police help. She also prayed for withdrawal of the application with a permission to file fresh application, if need arises in future. After recording her statement, the police was directed to accompany Amrik Kaur in order to get possession of the property. It was ordered that the police help be provided to the decree holder in order to restore peaceful possession in the presence of kanungo and halqa patwari. In order to avoid any controversy in future, decree holder was allowed to withdraw the petition as well with the aforesaid condition to file fresh application, if need arises in future.