SHATRUGHAN PANDEY Vs. CHANDESHWAR SINGH THAKUR

JUDGEMENT

(1.) Both the petitions brought under Article 227 of the Constitution of India are challenging the order dated 13-03-2018 passed by the Court of Fourth Civil Judge Class I Raipur in execution Case No. 24A/1989. Petitioner Shatrughan Pandey in WP227 No.388/2018 has challenged the legality of the impugned order and petitioner Bhawanji Shah in WP227 No.117/2019 has also challenged the same supporting the case of petitioner Sharughan Pandey.

(2.) Civil Suit No.24A/1989 was contested between Bhawanji Shah S/o Heerji Bhai Shah (who is petitioner in WP227 No.117/2019 and respondent No.4 in WP227 No.388/2018) and defendant Chandeshwar Singh Thakur and others who are respondents in both the petitions. After completion of the trial the suit for possession was decreed in favour of the plaintiff Bhawanji Shah on 13-03-1990 granting relief of vacant possession of the disputed land along with cost of the suit. After the decree became finality, an execution case No.24A/1989 was filed before the execution Court.

(3.) It is submitted by learned counsel for the petitioners in both the cases that the execution application was filed on 03-07-1993 by the original decree holder. The proceeding in the execution case could not go on as expected because record went missing, because of which a number of dates were fixed for the production of that record. During pendency of this proceeding one of the judgment debtors expired and then time was spent in the procedure of bringing legal representatives of that judgment debtor in record. It is submitted that the impugned order is totally perverse and against the provisions of law.