117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-3019-2023 (O&M) Date of Decision: 03.04.2025 Yashvir Ravish ….Petitioner Versus Bheem Singh ....Respondent CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Vansh Malhotra, Advocate for the petitioner. **** VIKRAM AGGARWAL, J (ORAL) The present revision petition is directed against the order dated 21.03.2023 (Annexure P-4) passed by the Court of learned Additional Civil Judge (Senior Division), Kaithal vide which the execution petition preferred by the petitioner was dismissed. 2. The facts, as emanating from the revision petition, are that a suit for permanent injunction was filed by the petitioner/plaintiff (Yashvir Ravish) restraining the respondent/defendant (Bheem Singh) from raising any kind of construction over the suit property of which the petitioner/plaintiff was co-sharer. The suit property was land measuring 82 Kanals 4 Marlas (fully described in the plaint) situated within the revenue estate of Village Balu Tehsil and District Kaithal. The disputed land was a ‘Bara’ measuring 2 Kanals 2 Marlas. The respondent/defendant did not appear as a result of which, he was proceeded against ex parte and an ex parte judgment and decree dated 13.09.2012 (Annexure P-1) was passed whereby the respondent/defendant was restrained from raising any construction over the suit property until the suit was not partitioned by metes and bounds. A petition under Order 21 Rule 32 CPC (Annexure P-2) was filed seeking execution of the judgment and decree by PRINCE CHAWLA 2025.04.05 09:29 I attest to the accuracy and integrity of this document CR-3019-2023 (O&M) -2- alleging that a toilet had been constructed over the suit property six months prior to the filing of the said petition. The execution petition was accompanied by an application for appointment of a Local Commissioner. The execution petition was opposed. Ultimately, the same was dismissed vide judgment and decree dated 21.03.2023 (Annexure P-4), leading to the filing of the present revision petition. 3. I have heard learned counsel for the petitioner. 4. Learned counsel for the petitioner submits that the Executing Court erred in dismissing the execution petition. He submits that a toilet was constructed after the passing of the ex parte judgment and decree dated 13.09.2012 and, therefore, the respondent/defendant was required to be hauled up for the same. 5. I have considered the submissions made by learned counsel for the petitioner but find the same to be devoid of merit. 6. In the execution petition, it was stated that the construction of the toilet had been raised six months prior to the filing of the said petition. However, no certain date or time was mentioned. No photographs were produced. No report of any expert was produced to show that new construction had been raised. Merely, by filing an application for the appointment of a Local Commissioner, the onus on the petitioner did not stand discharged. On the contrary, when he appeared in the witness box, he admitted that the construction had been raised 30 years ago. As to whether the toilet was constructed at that point of time or not cannot be ascertained without there being any evidence in that regard. The presumption would be that the toilet was constructed alongwith the other construction. 7. Be that as it may, since no cogent evidence was led by the petitioner before the Executing Court to prove that the toilet had been constructed after the passing of the ex parte judgment and decree, the Executing Court did not commit PRINCE CHAWLA 2025.04.05 09:29 I attest to the accuracy and integrity of this document CR-3019-2023 (O&M) -3- any illegality in rejecting the same. I do not find any illegality or jurisdictional error in the impugned order warranting interference. In view of the aforementioned facts and circumstances, I do not find any merit in the present revision petition and the same is accordingly dismissed. (VIKRAM AGGARWAL) JUDGE 03.04.2025 Prince Chawla Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No. PRINCE CHAWLA 2025.04.05 09:29 I attest to the accuracy and integrity of this document