OM PARKASH Vs. AMAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-Om Parkash is the decree holder aggrieved by the order of the High court holding that the delivery of the suit property to him in the execution proceedings by use of police force, was vitiated in law as no orders had been obtained from the Court for such police assistance. Judgment debtor Amar Singh has been directed to be put back in possession through the bailiff. The execution proceedings closed on 11.10.2013 after delivery of possession, has been revived. The entitlement to possession has been left to be decided afresh in the revived execution proceedings. The parties shall hereinafter be referred to as decree holder and judgment debtor respectively for convenience.

(3.) The controversy for our determination in the present appeal as addressed by learned counsel for the parties is extremely limited. Whether delivery of possession to the decree holder with police assistance was vitiated in absence of any orders by the Court for providing such police assistance?