CHAMAN LAL Vs. KULBIR SINGH

JUDGEMENT

(1.) Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dtd. 16/12/2022 passed by the learned Senior Civil Judge, Nurpur, District Kangra, H.P., in execution petition No. 55/2015, whereby executing court having taken note of its earlier order dtd. 3/9/2019, wherein it stood recorded that petitioner-JD has violated the judgment and decree dtd. 30/7/2011, passed by the Civil Court, whereby petitioner-JD was restrained from interfering, dispossessing and changing the nature of the suit land comprised in Khata No. 25, Khatauni No. 27, Khasra No. 1207 /195, measuring 478-00 square meters situate in Up Mohal Chaugan, Mauza Nurpur Shehar, Tehsil Nurpur, District Kangra Himachal Pradesh (herein after referred to as the " suit land" ), ordered to send the petitioner-JD to civil imprisonment for sixty days.

(2.) Precisely, facts of the case as emerge from the record are that respondent-DH filed civil suit restraining the petitioner-JD from interfering/dispossessing and changing the nature of the suit land. Aforesaid suit came to be decreed vide judgment and decree dtd. 30/7/2011, passed by the learned Civil Judge, Nurpur. Since no appeal whatsoever ever came to be filed against the aforesaid judgment and decree passed by the learned Sr. Civil Judge Nurpur, same has attained finality. Since after passing of judgment and decree, petitioner-JD violated the mandate contained in the aforesaid judgment and decree passed in favour of the respondent-DH, he filed execution petition bearing 55/2015, which came to be disposed of vide order dtd. 3/9/2019 (Annexure P-1). Executing court vide aforesaid order, ordered for attachment of immovable property of JD and also by way of detention in civil imprisonment. Though challenge was laid to aforesaid order by way of civil revision No. 139 of 2019 filed under Sec. 115 CPC in this court, but same was also dismissed vide judgment dtd. 13/6/2022 (Annexure P-2). After dismissal of the civil revision as detailed herein above, executing court vide order dtd. 16/12/2022 )Annexure P-3) while ordering to send the petitioner-JD for civil imprisonment for sixty days also ordered for attachment of the property of the JD. In the aforesaid background petitioner-JD has approached this court in the instant proceedings.

(3.) On 11/1/2023, learned counsel for the petitioner JD while inviting attention of this Court to the photographs placed on record submitted that alleged encroachment, if any, upon the suit land has been removed and as such, order sending petitioner to civil imprisonment needs to be recalled. This Court with a view to ascertain the factum with regard to removal of encroachment and handing over of the vacant possession of the suit property, passed following detailed order on 11/1/2023: