C.L. PRAMEELA Vs. B. NAGARAJA GUPTA

JUDGEMENT

(1.) The petition is admitted for hearing. With consent of the parties, the same is heard finally.

(2.) In this petition under 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 17.09.2014 passed by the Executing Court, by which the Executing Court has directed delivery of symbolic possession of the first floor of the premises in question. In order to appreciate the petitioners' challenge to the impugned order, few facts need mention which are stated infra.

(3.) The petitioners, some time in the year 1996, filed a suit seeking relief of partition. The aforesaid suit was decreed in favour of the petitioners by judgment and decree dated 28.11.2006. Being aggrieved, the respondents filed an appeal namely RFA No.2411/2006. During the pendency of the aforesaid regular first appeal, the parties entered into a compromise and agreed to sell B schedule property by way of public auction and respondent Nos.1 to 4 agreed to retain A schedule property by paying consideration to the petitioners and other sisters. The petitioners have purchased B schedule property in an auction by depositing the bid amount on 30.05.2011 and the sale certificate was issued in their favour in respect of the property in schedule B. Thereafter, on 05.09.2012, the petitioners filed execution petition for issuance of delivery warrant directing them to deliver the vacant possession. The Executing Court, however by an order dated 17.09.2014, directed delivery of symbolic possession of the first floor of the premises in question and did not order for actual possession. In the aforesaid factual background, the petitioners have approached this Court.