MULKRAJ Vs. SUNDER DAS

JUDGEMENT

(1.) These appeals arise from the order of the High court of Delhi dated 9/12/1980 made in Civil Revision No. 923 of 1980. The facts not in dispute are that the appellant was inducted into possession of the properties, plots bearing Nos. 32, 33 and 35 admeasuring 384 sq. yards situated in Wazirpur, Kotia Mubarakpur, New Delhi by Smt Vimla Devi, the third respondent. He had filed a civil suit for injunction against the respondent. Ultimately, the decree of the trial court granting injunction became Final. In the meanwhile, the appellant as well as Respondents 1 and 2 each have purchased 1/3rd share of the property. Consequently, Suit No. 27 of 1973 was filed for partition and separate possession thereof. Preliminary decree was granted on 24/9/1974 and final decree thereof was passed on 22/5/1980. Thus the rights of the parties stood worked out, namely, the appellant and Respondents 1 and 2 are entitled to l/3rd share each in the total extent of the land as per the final decree granted by the civil court.

(2.) In view of these facts, it is stated by Shri Rajinder Sachar and Shri G. L. Sanghi, learned Senior Counsel, that the appeals have become infructuous.

(3.) It may be mentioned at this stage that this appeal arises against a proceeding initiated under Order 21 Rule 32 (2 of Civil Procedure Code for enforcement of the mandatory injunction granted by the civil court in execution. The trialcourt granted execution to consign Respondents 1 and 2 to civil prison and mandatory injunction for removal of the respondents' possession of the a entire property with police assistance. The appeal was dismissed. While dismissing the revision under Section 115 Civil Procedure Code as being barred by limitation, the High court suo motu exercised its power under Article 227 of the Constitution and set aside the order of the execution court. Feeling aggrieved against that order, this appeal has been filed.