HAMEED AND HAMEED ENTERPRISES Vs. NICKYS PARLOUR

JUDGEMENT

(1.) In C.R.P.No. 3911/86 the petitioner/Judgment debtor questions the correctness of the order dated 8-8-1986 and 22-8-1986 in Ex.No. 10046/1986, whereby the executing Court issued warrant for delivery of possession of the suit schedule property to the respondent/decree-holder. In C.R.P.No. 3560/86 the petitioner/decree-holder questions the correctness of the order dated 18-9-86 passed on I.A.No. IV In Ex.No. 10046/86 whereby the executing Court passed an order of restitution by redelivery of possession of the suit schedule property to the Judgment-debtor/respondent. I shall refer to the array of parties, for the purpose of convenience, as in the executing Court in Ex.No. 10046/ 86 from which these two petitions arise. Since the two petitions arise out of common proceeding on the same set of facts, I dispose of them together.

(2.) The facts leading to these revision petitions, in brief, are as follows:

(3.) The learned Counsel on either side presented their respective cases on a very broad canvass with a parenthesis of paradoxes drawing sustenance from a long catena of precedents.