IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2115 of 2008 (O&M) Date of decision: 21.7.2009 Satya Pal & ors. ......Petitioner(s) Versus Sh.G.S. Ghumman & ors. ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Sanjiv Gupta, Advocate for the petitioners. Mr. Tushar Sharma, Advocate for the respondents. Rakesh Kumar Garg, J.(Oral) As per the averments made in this petition, vide judgment and decree dated 11.12.1999 passed by the Civil Judge (Sr. Division), Ludhiana, a decree for mandatory injunction was passed in favour of the petitioners. The aforesaid decree was upheld by the Additional District Judge, Ludhiana, vide judgment and decree dated 29.9.2001 whereby the appeal filed by the Municipal Council, Ludhiana was dismissed. The aforesaid judgment and decree passed by the Civil Court has attained finality. The petitioners then filed an execution application of the aforesaid judgment and decree which is pending before the Executing Court. In the present petition, the petitioner has alleged that the respondents have failed to comply with the aforesaid judgment and decree and therefore, are guilty of contempt of this Court. Since the petitioner has an effective remedy under Order 21 Rule 32 CPC to execute the judgment and decree of the Civil Court and keeping in view the fact that the execution petition is already pending, I am not inclined to proceed further in this contempt petition. Rule discharged. COCP No.2115 of 2008 (O&M) -2- However, it is made clear that the petitioner shall be at liberty to avail any other appropriate remedy in accordance with law. July 21, 2009 (RAKESH KUMAR GARG) ps JUDGE