IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 15803 of 2007 Date of Decision: 18.11.2008 Gurnam Singh ..Petitioner versus Anuj Sharma and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Rajesh Punj, Advocate for the petitioner Mr. Amol Rattan Singh, Addl. A.G. Punjab for respondents No. 6 to 14 ***** T.S.Thakur, C.J. (Oral) In this petition for a writ of mandamus, the petitioner prays for a direction to the respondents to protect his property from respondents No.1 to 5 in view of a decree of prohibitory injunction which the petitioner has obtained from a competent Civil Court. Having heard learned counsel for the petitioners, we are of the view that this petition is utterly misconceived. It is not in dispute that the petitioner and respondents No.1 to 5 have been engaged in a long drawn litigation which has according to the petitioner culminated in a decree dated 7.8.2003 passed in his favour by the Court of Civil Judge (Junior Division), Ludhiana. That being so, the petitioner's remedy lies in executing the said decree in appropriate proceedings before the Court which has passed the same. A separate petition for issue of a writ of mandamus directing the CWP No. 15803 of 2007 [2] respondents not to interfere in the possession of the petitioner is wholly unnecessary and an abuse of the process of this Court. Learned counsel for the petitioner, however, submits that on account of the dispute over the possession of the property in question, the authorities have instituted proceedings under Section 145 Cr.P.C. This has according to the learned counsel for the petitioner prevented the petitioner from executing the decree in his favour. The validity of proceedings under Section 145 Cr.P.C. is not under challenge before us in the present writ petition. Whether or not Section 145 Cr.P.C. could be invoked by any of the parties or even by respondents No. 6 to 14, is, therefore, a matter on which we do not wish to express any opinion for the present. All that we need say is that if the petitioner is aggrieved of the initiation of the proceedings under Section 145 Cr.P.C. he ought to seek appropriate redress of his grievance in appropriate proceedings before the competent Court. With the above observations, this writ petition is dismissed. No costs. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 18.11.2008 'ravinder'