Extracted from the PDF above. The PDF is authoritative.
2026:HHC:34146 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision Nos. :
117 & 153
of 2025 Decided on : 11
th August, 2026
1. Civil Revision No.117 of 2025 Jagat Singh & Others …Petitioners Versus Roshan Lal …Respondent
2. Civil Revision No.153 of 2025 Jagat Singh & Others …Petitioners Versus Roshan Lal …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Ajay Kumar, Senior Advocate with Ms. Vanshika Sharma, Advocate, in both the petitions. For the respondent : Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, in both the petitions. Virender Singh, Judge (Oral) Civil Revision No.153 of 2025 The petitioners have filed the present petition, under Section 115 of the Code of Civil Procedure, (hereinafter 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:34146 referred to as ‘the CPC’), against the Order dated 17.09.2025, passed by the learned Senior Civil Judge, Court No.1 Sundernagar, District Mandi (hereinafter referred to as ‘the executing Court’), in Execution Petition No.20/X of 2023, titled as ‘Roshan Lal versus Jagat Singh & Others’.
2. By way of Order dated 17.09.2025, learned executing Court has issued fresh warrants of possession with respect to the demolition of the wall constructed by the HPPWD, which, according to the petitioners, is not part of Khasra No.1635 (subject matter of the lis).
3. Parties to the lis are hereinafter referred to, in the same manner, in which, they were referred to, by the learned executing Court.
4.
Brief facts, leading to filing of the present petition, before this Court, as borne out from the record, annexed with the petition, as well as, Civil Revision No.117 of 2025, may be summed up, as under:
4.1. Plaintiff Roshan Lal has filed a suit for possession of land bearing Khewat No.43 min, Khatauni No.102, Khasra No.1635, as per Jamabandi for the year 199091, measuring 56
3 2026:HHC:34146 square meters, (hereinafter referred to as ‘the suit land’), by way of demolition of boundary wall. The said boundary wall was illegally constructed by the defendants, in the month of May 1991. 4.2. The suit has been filed on the basis of the ownership of the suit land. Both the Courts have declined the relief to the plaintiff. As such, he has filed RSA No.657 of 2008 along with CrossObjections No.259 of 2009. The said RSA was decided by this Court, vide judgment dated 26.08.2022 and the suit of the plaintiff for possession was decreed. 4.3. Thereafter, the decree holder (plaintiff) has filed execution petition before the learned executing Court. The learned executing Court issued the warrant of possession of the suit land. In pursuance of the warrant of possession, Bailiff visited the spot and handed over the possession of the suit land to the decree holders. 4.4. As per the report of Bailiff dated 11.09.2025, the Kanoongo, measured the subject matter of the lis, which was accepted to be correct, by both the parties. Thereafter, with
4 2026:HHC:34146 the help of paint and iron angle, the possession of the suit land was handed over to the decree holder. 4.5. Thereafter, the decree holder has demolished the wall, as well as, the iron stairs on the spot, whereas, the decree holder, in his statement, recorded by the Bailiff, on the spot, has admitted that the possession of the subject matter of the lis was given to him, as deposed by the Bailiff. Bailiff has also recorded that the wall, reference of which, has been given by the DH, in his statement, was found to be in the road constructed by the PWD. But, according to him, the possession of the wall and gate, adjoining to the suit land, was not given to him, nor, Kanoongo permitted him to put iron angle on the area, which has been demarcated by the Kanoongo.
The Kanoongo, has also submitted the report, in which, he categorically mentioned that the possession of the subject matter of the lis, measuring 56 square meters, was handed over to the decree holder. 4.6. Consequently, the entry in this regard, was made in the Rapat Rojnamcha on 11.09.2025, however, on 17.09.2025, when, the matter was taken up the learned
5 2026:HHC:34146 executing Court, on the basis of the averments, as made, in the report of the Bailiff, has issued fresh warrant of possession with respect to the wall in question. The said order has been assailed before this Court. 5. Learned Senior Counsel appearing for the JD has pointed out, the above referred reports and prayed that the possession of the subject matter of the lis has been delivered to the decree holder and as such, the learned executing Court has fallen into an error by issuing fresh warrant of possession for demolition of the wall, which, according to the report of the Bailiff was constructed by the PWD authorities. 6. Per contra, Mr. Neeraj Gupta, learned Senior Advocate, assisted by Mr. Ajeet Pal Singh Jaswal, Advocate appearing for the decree holder, has argued that the learned executing Court cannot go beyond the decree and the learned executing Court has rightly issued fresh warrant of possession in respect of the wall in question. 7. To buttress his contentions, learned Senior Counsel has relied upon the decision of the Hon’ble Supreme Court in Civil Appeal No.4321 of 2026 (arising out of
6 2026:HHC:34146 Special Leave Petition (C) No.8166 of 2022), titled as Maurice W. Innis versus Lily Kazrooni @ Lily Arif Shaikh, 2026 INSC 340 and argued that the learned executing Court is duty bound to enforce the decree and cannot substitute its own view or interpret the decree beyond its original terms. 8.
In addition to this, the learned Senior Counsel appearing for the decree holder has drawn the attention of this Court towards the document, which is on the file of Civil Revision No.117 of 2025, according to which, the decree holder himself had placed on record the copy of the application filed under Section 107 of the H.P. Land Revenue Act, for taking demarcation and spot map of Khasra Nos.1635 and 1636 together with PWD road side land, situated in Mohal Pungh/26/7. Along with it, statement of decree holder No.1 has also been recorded, in which, he himself has stated that as per the revenue record, area of Khasra No.1635 (subject matter of the lis) has been recorded, as 56 square meters, but, on the spot, the same is only 35 meters. Relying on the said statement, it has been argued that the learned executing
7 2026:HHC:34146 Court has rightly issued the fresh warrant of possession for demolition of the wall. 9. Heard. 10. The warrant of possession, in the present case, has been executed by the Bailiff, in the presence of the parties to the execution petition and Field Kanoongo. Report of the Bailiff is crystal clear about the fact that possession of the suit land has been handed over, after the same was demarcated, by the Field Kanoongo and the measurement has been accepted by both the parties to be correct. 11. Thereafter, the possession was handed over to decree holder Roshan Lal, who has got demolished the wall and iron stairs on the spot by engaging his labour. However, the decree holder, in his statement, recorded by the Bailiff, has also admitted that possession of Khasra No.1635 has been given and he has demolished the brick wall, steel stairs and obtained the possession from JDs.
However, according to the DH, the possession of the wall and gate, situated adjoining to the road, has not been given to him, nor, he was permitted to put the iron angle there. 8 2026:HHC:34146
12. The report of the Kanoongo clinches the whole matter, in which, it has been mentioned that the area of 56 square meters, has been handed over to the decree holder. In such situation, when, the area of the subject matter of the lis has also been mentioned in the report of the Field Kanoongo and the said report is, admittedly, supported by the report of the Bailiff, then, without recording the findings, qua the fact that the wall, which is stated to be constructed by the PWD, is over the suit land, the learned execution Court has exceeded its jurisdiction by issuing the fresh warrant of possession. 13. Decree, to the considered opinion of this Court, has duly been executed by demolition of wall and steel stairs put by the judgment debtors, on the spot and in view of the admitted position and in the absence of any document, demonstrating that the said wall is constructed over the suit land, the order dated 17.09.2025, does not stand in the judicial scrutiny by this Court. 14. Consequently, the present petition is allowed, the
order dated 17.09.2025 is set aside and the execution petition
9 2026:HHC:34146 is disposed of, being fully satisfied. Pending application(s), if any, shall also stand disposed of.
15. No order so as to costs. Civil Revision No.117 of 2025
16.
Learned counsel for the petitioners, on instructions, seeks permission to withdraw the present petition. Permission granted. The petition is accordingly dismissed as withdrawn. Pending application(s), if any, shall also stand disposed of.
( Virender Singh ) August 11, 2026( ps ) Judge