CMPMO No.403/2009. 7.9.2009. Present:- Sh. Imran Khan, Advocate, for petitioners/JDs. Sh. R.K. Gautam, Sr. Advocate, with Sh. Mehar Chand, Advocate, for the respondent/DH. The court below has passed the following order which is impugned in the present petition:- “Heard. It would be apparent from the perusal of the file that this court had issued the warrant of possession strictly as per the orders passed by Hon’ble High Court on 20.02.2009 and therefore, there can be no question of the recalling the said warrant of possession. Hence, the application is dismissed. The warrant of possession has not been returned. Let a reminder be issued returnable for 04.06.2009”. The learned counsel for the parties pointed out that in the impugned order, there is typographical error as instead of 20.02.2009 the order passed by the High Court is actually of 17th July, 2008. In CMPMO No.164 of 2008, titled as Gian Chand & Others Vs. Larja Ram, this court on 17.07.2008, inter-alia, passed the following orders:- “A direction is issued to the Court below that possession of the portion of the land which is identified in the possession of the State Government on which some buildings stand shall not be disturbed till the final decision of the Civil Suit. A further direction is issued that the -2- suit shall be disposed of with due expedition. All the miscellaneous applications are disposed of.” Thereafter, the petitioners herein filed civil suit seeking declaration to the effect that the judgment and decree passed by the Civil Court was illegal. In Civil Miscellaneous Appeal No.23 of 2008, titled as Gian Chand & Another Vs. Sh. Larja Ram, the District Judge, allowed the petitioners’ application under Order 39 Rule 1 & 2 C.P.C. and clarified that the execution proceedings shall be in accordance with the orders passed by the High Court. As is evident from the orders reproduced hereinabove, the Civil Judge(Sr. Division), Hamirpur, had issued the warrant of possession strictly in accordance with the orders passed by this Court on 17.07.2008 (wrongly typed as 20.02.2009). Hence, I see no ground to interfere in the present petition as no error, illegality & perversity therein has been shown and the same is accordingly dismissed. (Sanjay Karol) Judge. September 7, 2009. (Yashwant).