Civil Revision No. 4883 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4883 of 2010 (O&M) Date of Decision: 10.8.2010 Smt. Sushma Rani and others .....Petitioners Versus Estate Officer, HUDA and others ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Sandeep Goyal, Advocate, for the petitioners. Hemant Gupta, J. (Oral) The challenge in the present petition is to the order passed by the learned Executing Court on 26.4.2010, whereby the petition seeking execution of the decree for permanent injunction under Order 21 Rule 32 CPC, was dismissed. Learned counsel for the petitioners has vehemently argued that in the suit for permanent injunction, the petitioners were found to be owners of the suit property and the defendants were restrained from interfering in the peaceful possession of the plaintiffs, in any manner whatsoever, except in due course of law. It is contended that since the plaintiffs are proved to be owner of the suit Civil Revision No. 4883 of 2010 (O&M) [2] land, therefore, the respondents cannot take possession even in due course of law. The said contention of learned counsel for the petitioners does not warrant any indulgence, in as much as, it is admitted by learned counsel for the petitioners that there was no issue in respect of the title over the suit property. The finding recorded by the learned trial Court as affirmed by the Appellate Court is that the defendants shall not interfere in peaceful possession of the plaintiffs, except in due course of law. Therefore, the action of the respondents in taking possession by virtue of recourse to the provisions of section 18 of the Haryana Uarban Development Authority Act, 1977, cannot be said to be illegal and/or unwarranted, so as to warrant interference by this Court, in exercise of its revisional jurisdiction. Hence, the present petition is dismissed. [HEMANT GUPTA ] JUDGE 10.8.2010 ds