TARA SINGH Vs. GOVIND SINGH (DECEASED) THROUGH LRS

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, is directed against the order passed by the Executing Court on 3.5.2016 whereby it dismissed the application filed by the petitioner-decree holder for substituting the legal heirs of the judgment debtor on account of his death.

(2.) The proceedings before the learned Executing Court emanate from the judgment and decree passed in favour of the petitioner-decree holder whereby the original judgment debtor Govind Singh was permanently restrained from interfering in the suit land comprised in Khata Khatauni No.397/681 bearing Khasra No.1675/112/4 measuring 14 biswa situated in Mauza Bhagani, Tehsil Paonta Sahib District Sirmaur, H.P.

(3.) The original debtor Govind Singh was alleged to have violated the judgment and decree leading to file the execution petition under order 21 rule 32 of the Code of Civil Procedure. He, however, died and after his death, the petitioner moved an application for bringing on record his legal representatives, which has been dismissed by the learned Executing Court on the ground that wilful disobedience and violation of judgment and decree is a penal provision and its cause of action dies with the defaulter.