CR No. 4793 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 4793 of 2011 (O&M) Date of decision: 30.08.2011 Sewa Singh ......Petitioner Vs. Puran Singh and others. ...Respondents CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL. PRESENT: Mr. Madan Pal, Advocate for the petitioner. **** A.N. JINDAL, J. (Oral). The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 22.07.2011 (Annexure P-1) passed by the Additional Civil Judge (Sr. Division), Karnal. Additional Civil Judge (Sr. Division) karnal, vide judgment and decree dated 13.03.2002 (Annexure P-3) had restrained the petitioner from demolishing the path comprised in Khasra No.402, Khewat No.829 min., khatoni No.975 min. in any manner and further from including the said path into his field. However, he in violation of the said judgment and decree had encroached upon the said passage. Thereon, the application filed by the respondent under Order 21 Rule 32 CPC, the trial Court issued the direction for removal of the encroachment, from the common passage as per the report of the local Commissioner. The learned counsel for the petitioner has relied upon the judgments rendered in cases Kariyappa Vs. Haladappa AIR Karnataka 163, Sarup Singh Vs. Rattan Singh & others, 1985(2) PLR 589 and Padmakshi Amma Vs. Hashim 1999(1) Civil Court Cases CR No. 4793 of 2011 (O&M) -2- 0365. But, the same are on differenct facts and not applicable to the facts of the present case. The decree having become final needed to be honoured by the petitioner is dragging litigation for one reason or the other. No grounds to interfere. Dismissed. August 30, 2011 (A.N. JINDAL) harjeet JUDGE