IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 1390 of 2010 Date of decision: 30.5.2011 Shamsher Singh … Petitioner versus Avtar Singh and others ... Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Anshuman Chopra, Advocate, for the petitioner Ms. Madhu P. Singh, Advocate, for the respondents ... ARVIND KUMAR, J: The present petitioner is the decree-holder. He is aggrieved with order dated 22.9.2009 passed by the Civil Judge(Junior Division), Nabha, whereby his objection petition has been dismissed. The facts are that the petitioner-plaintiff filed suit for mandatory injunction against Avtar Singh and others seeking direction to them to remove encroachment made by way of constructing pillars and putting earth in the Gair Mumkin passage bearing khasra No. 252 situated at village Agoul, Tehsil Nabha, and seeking restraint order against them for making further encroachment in the above-said passage. The suit was decreed on 27.2.2003. The present petitioner-plaintiff filed an execution petition stating that despite the judgment and decree, the judgment-debtors have failed to remove encroachment from the passage which is creating hardship to him. The said objection petition has been dismissed vide the impugned order mainly on the ground that he (decree-holder) has failed to prove the averments made in the execution petition and even no steps were taken to prove the averments by getting a Local Commissioner appointed. This Court vide order dated 10.3.2011 directed Tehsildar, Nabha, to effect demarcation and submit a report as to whether C.R. No. 1390 of 2010 -2- any encroachment/obstruction is existing in the said passage comprised in khasra No. 252. The report has been submitted indicating that there is an encroachment of 0-4½ Biswasi by Avtar Singh, Jagtar Singh, Ranjit Singh sons of Mota Singh and Mota Singh himself. The enroachment has been done in the passage bearing khasra No. 252. In this back-drop of the facts, the impugned order is set aside and the case is remitted to the Court concerned who after perusing the report of the Tehsildar, Nabha, shall pass a fresh order in accordance with law,within four months, without being influenced by any of the observations made herein. The revision petition stands disposed of accordingly. May 30, 2011 ( ARVIND KUMAR ) JS JUDGE