CHITRABHAN SINGH Vs. JAGANNATH SINGH

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution of India has been brought being aggrieved by the order dtd. 31/5/2021, passed by the Execution Court in Civil Execution Case No.96/2002.

(2.) The respondent No.1 had filed a Civil Suit No. 96-A/2002, in which the petitioner was defendant No.8. During the pendency of that civil suit, the parties settled their dispute and executed an agreement dtd. 11/10/2017. It was on that basis, the suit was decreed by order dtd. 13/10/2017 by the Court of Civil Judge Class-I, Gharghoda. Respondent No.1/decree holder has filed an application for execution of the decree dtd. 13/10/2017, seeking possession of the suit land. The petitioner raised objection and filed application under Sec. 47 read with Order 21, 97, 98 and 101 of C.P.C., claiming that khasara numbers mentioned in the execution application are not correct. Subsequent to which W.P. (227) No. 182 of 2021 was filed by the respondent No.1, which was disposed off on 24/3/2021 by this Court directing the execution Court to expedite the proceeding in execution case and complete the same within a period of three months. It is submitted that the learned Execution Court has instead of deciding the application pending under Sec. 47 read with Order 21, 97, 98 and 101 of C.P.C. ordered for issuance of possession warrant on 31/5/2021.

(3.) It is submitted that in the further proceeding in the execution case regarding which, copy of order sheets have been filed, it is reveals that warrant of possession could not be executed, as the respondent No.1 was not satisfied with the demarcation of the suit property. Subsequent to which, the execution proceeding have been stayed consequent to the order passed by this Court on 10/6/2021 in this petition. Relief is prayed for.