IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R.No.4489 of 2008 (O&M) Date of Decision : 3.8.2010 Dharambir and another ....Petitioners Versus Kundan Lal ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.N.D.Achint, Advocate for the petitioners. ..... MAHESH GROVER, J. C.M.No.19205-CII of 2010 Allowed as prayed for. C.M.No.19206-CII of 2010 Application is allowed. Annexure P-X (Colly) is taken on record. C.R.No.4489 of 2008 The petitioners are aggrieved by the order dated 28.2.2008. There is a decree in their favour passed by the civil court on 17.8.1998. According to the decree, the respondent was restrained from making any construction over plot Nos.138 and 139. An application under Order 21 Rule 32 CPC was filed during the execution of the decree since the petitioners alleged that the respondent had violated the terms of the decree and had encroached C.R.No.4489 of 2008 (O&M) -2- upon their land. The petitioners were associated with the report of the Local Commissioner who reported that it were the petitioners who had encroached upon Plot Nos.136 and 137 which belong to the respondent and that the case as projected by the petitioners was not correct since they had pleaded that the respondent had encroached upon the area belonging to them thereby violating the terms of the decree. An attempt was made to project that the petitioners were not given any opportunity to object to the report of the Local Commissioner. They were thus directed to produce the zimni orders on record which reveal that the petitioners were given an opportunity to file objections to the report of the Local Commissioner and number of opportunities were given to them to address their submissions on the objections. The Executing Court found that the petitioners are the encroachers and it is evident that the petitioners want to fall back on frivolous pleas to perpetuate their wrongs. Consequently, I find no merit in the instant revision petition and the same is dismissed. 3.8.2010 (MAHESH GROVER) JUDGE dss