CR No. 7115 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7115 of 2011 (O&M) Date of Decision: 5.12.2011 Amritpal Singh & Anr. ...Petitioners Vs. Jarnail Singh & Ors. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.V.K.Sandhir, Advocate, for the petitioners. --- A.N.Jindal, J. A decree for possession of demised premises was passed on 12.6.1998 whereby Civil Suit RBT No.906 of 16.1.94/3.1.1998 was decided in the following manner:- “ In view of my detailed issue wise discussion, suit of the plaintiff succeeds and the same is decreed with costs to the effect that the plaintiffs are entitled for restoration of possession of the property in dispute.” Decree sheet be prepared. CR No. 7115 of 2011 2 Thereafter execution was filed in 2000. Since then the Judgment Debtors are raising objections time and again. This order of mine shall dispose of a revision petition filed by the petitioners Amritpal Singh son of late Kuldeep Singh and Paramjeet Kaur wife of late Kuldeep Singh. Execution petition was filed against Harbans Singh son of Santokh Singh, Santokh Singh son of Boor Singh residents of Harbans Singh Santokh Singh Engineering Works near State Bank Sultanwind Road, Amritsar. Earlier objections were filed by Kuldeep Sisngh, husband of the present objector Paramjeet Kaur which were dismissed. Revision petition filed by him was also dismissed. Present objector is the daughter-in-law of Santokh Singh and Amritpal Singh is the son of Kuldeep Singh who have already lost in the objection petition. They are creating obstruction in the execution of the decree and returning warrants of possession unexecuted. The Judgment Debtors did not allow the Ballif to break over the wall raised by the objectors on the streets i.e. main entry. On 2.12.2011 Shri V.K.Sandhir, counsel for the petitioners had sought a date to seek instructions from their clients regarding the delivery of possession so that the petitioners may not face heavy costs. Consequently, the case was adjourned to 5.12.2011. On 5.12.2011 both Amritpal Singh along with Shri V.K.Sandhir appeared in this court and made a statement that they CR No. 7115 of 2011 3 would surrender the possession of the property in dispute and would not raise any objection before the trial court and if they do not vacate the premises they would pay the damages to the tune of Rs.1 lac. However, later on they refused to sign the statement. The petitioner Amritpal Singh along with Shri V.K.Sandhir left the court without signing the aforesaid statement. In any case, having scrutinized the impugned order, it appears that the Judgment Debtors are creating obstruction time and again and are not allowing the Executing Court to deliver the possession and they are projecting one person or the other to raise the objection, as such this petition is dismissed with heavy costs of Rs.1,00,000/- (one lac only) and they as well as Judgment Debtors are directed to remove the obstruction and surrender the possession of the demised premises forthwith. (A.N.Jindal) 5.12.2011 Judge rp