Civil Revision No.6453 of 2009(O&M) ..2.. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6453 of 2009(O&M) Date of Decision: 06.11.2009 Mandir Sh.Gugga Mari and anr. ...Petitioner. Verus Dharam Dev ....Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Vikrampreet Arora, Advocate, for the petitioner. * * * SABINA,J.(Oral) Applicants filed an application under Order 21, Rule 32 of Code of Civil Procedure for enforcement of judgment and decree passed by the Civil Judge(Jr.Divn.)Fatehgarh, in Civil Suit No.124 dated 17.07.2002 decided on 24.04.2003 titled as “Mandir Sh.Gugga Mari Vs. Dharam Dev”. On 14.03.2008, following issues were framed by the executing court: “1. Whether the respondent had disobeyed the orders of the court as prayed for? 2. Whether the application is not maintainable? 3. Whether the applicant has not come to the court with clean hands? 4. Relief” Thereafter, the case was adjourned for applicants evidence. A perusal of the interim orders as reproduced in the petition reveal that on 20.04.2009, affidavits of two witnesses were tendered and the case was adjourned for their cross-examination. However, on 07.08.2009, the evidence of the Civil Revision No.6453 of 2009(O&M) ..2.. petitioners-applicants was closed by order. Hence, the present revision petition. Learned counsel for the petitioner has submitted that now the case is listed before the executing court on 12.11.2009. The petitioner would conclude their evidence on the date fixed. Although three effective opportunities were allowed to the petitioners to conclude their evidence but they failed to do so. However, keeping in view the interest of justice, it would be appropriate to allow one opportunity to the petitioners to conclude their evidence on 12.11.2009. The other side can be compensated with costs. The lis between the parties would be disposed of on merits. Accordingly, this revision petition is allowed. Petitioners are allowed to lead their evidence on 12.11.2009 subject to payment of Rs.2500/- as costs. Thereafter, the executing court shall proceed further with the matter in accordance with the law. 06.11.2009. (SABINA) Seema-II Judge