SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS 673/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. R.C. Tamta and Mr. Mohit Kumar, Counsel for the petitioner. (2) A suit for permanent injunction was filed by respondent against the petitioner, which was decreed ex parte by learned Civil Judge (Jr. Div.), Kashipur, District Udham Singh vide judgment dated 16.2.2013 and petitioner was restrained from raising any construction over Khasra No. 437, ad measuring 0.077 hectares, and Khasra No. 438, ad measuring 3.191 hectares, situate in Village Haripura, Tehsil Jaspur, District Udham Singh Nagar. The decree passed by the trial court is put to execution. In this writ petition, petitioner has challenged the order dated 1.10.2024, passed by learned Civil Judge (Jr. Div.), Kashipur in Civil Execution Case No. 01 of 2021. By the said order, petitioner was directed to remove encroachment to the extent of 7.20 x 200 metres, made by him over the land belonging to decree holder. Petitioner challenged the said order, passed by executing court, by filing a revision. His revision has also been dismissed by 1st Additional District Judge, Kashipur vide judgment dated 22.1.2025. (3) Learned Counsel for the petitioner contends that the suit filed by the respondent was decreed only in respect of Khasra No. 437, 438 and 441, however, the executing court has gone much beyond the decree by directing the petitioner to remove his encroachment to the extent of 7.20 x 200 metres, without specifying the number of plots from where such encroachment has to be removed. He submits that without demarcation of plots, the decree cannot be executed and further that order passed by the executing court is absolutely silent regarding the plot numbers and the extent of encroachment made over such plots. (4) I find substance in the submissions made by learned Counsel for the petitioner. Since the executing court has not considered the extent of encroachment made by the petitioner over the different plot numbers and their appears to be dispute regarding demarcation of land, therefore, the writ petition is disposed of with a direction to the executing court to have the land, covered by the decree, demarcated through a Survey Amin/Commissioner or an Advocate Commissioner, as the case may be. Based on the report of the Survey Amin/Commissioner/Advocate Commissioner, further necessary orders may be passed by the executing court to satisfy the decree. (Manoj Kumar Tiwari, J.) 6.3.2025 Pr