Letter Patent Appeal No.1442 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letter Patent Appeal No.1442 of 2009(O&M) Date of decision:22nd December, 2009 Dharam Bir ......Appellant Versus Mahabir and others ......Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr. Dheeraj Bali, Advocate for the appellant. M.M.Kumar,J. This is an appeal filed under Clause X of the letter patent, challenging the order dated 5.10.2009, passed by the learned Single Judge of Punjab and Haryana High Court, Chandigarh, in COCP No. 17754 of 2009. The allegation in the contempt petition levelled by the appellant-petitioner is that according to the judgment and decree, the possession by filing a suit in respect of land measuring 7 Bighas, could have been taken but the aforesaid decree has been violated as forcible possession has been taken. After hearing learned counsel for the appellant- petitioner, we find that the order passed by the learned Single Judge does not suffer from any legal infirmity warranting interference of this Court because it has been rightly observed that the appellant-petitioner has alternative and effective remedy of executing the decree, in accordance with the law. The remedy Letter Patent Appeal No.1442 of 2009(O&M) 2 of contempt is a summary remedy which may be invoked in cases where there is no dispute of facts. In cases where civil court decree is to be executed, a wholesome procedure has been prescribed by the Code of Civil Procedure and the same must be resorted to. Therefore, we do not find any ground to interfere. Dismissed. However, the dismissal of the contempt petition or this appeal would not stand in the way of the appellant-petitioner, to invoke the remedy of execution. [M.M.KUMAR] JUDGE [SABINA] JUDGE 22nd December, 2009 Shivani Kaushik