JANTA SINGH @ GURJANT SINGH SINCE DECEASED THROUGH L. RS. vs SIKANDER SINGH AND OTHERS

SARITA RANI 2026.07.15 17:16 I attest to the accuracy of this document/order CR No.8079 of 2025 (O&M) 2026:PHHC:095564 4. Having considered the submissions, this Court finds no ground to interfere with the impugned order. 5. The Execung Court has noced that the burden to establish violaon of the decree squarely lies upon the decree-holder. Proceedings under Order XXI Rule 32 CPC are in the nature of execuon for enforcement of a decree and the decree-holder is required to prove, by admissible evidence, that the judgment-debtors have acted in deliberate breach of the decree. Appointment of a Local Commissioner cannot be permi.ed for the purpose of collecng or generang evidence in favour of a ligang party. The power to appoint a Local Commissioner is intended to aid the Court in elucidang ma.ers in controversy where local invesgaon becomes necessary, and not to enable a party to discharge the burden of proving its own case. 6. The Execung Court has further recorded that the road in queson was admi.edly constructed by the Government authories a1er the revenue officials had already carried out demarcaon of the site. If the peoners seek to establish that the construcon has