RUPKUNWAR Vs. PRABHUDAYAL KESHAWARWANI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been brought seeking indulgence of this Court to quash the orders dated 13-01- 2020, 17-01-2020 and 24-01-2020 passed in Execution Case no.55A/2002 by the Court of Civil Judge Class-I Kasdol, District- Balodabazar.

(2.) The petitioners are LRs. of the judgment debtors in the execution case mentioned hereinabove. One application was filed under Section 47 of the CPC objecting on the maintainability of decree, which was dismissed vide order dated 13-01-2020 and one warrant for possession was issued by the Court. One report was received unserved on 17-01-2020, in which it was reported that the Revenue Inspector and Patwari made demarcation of the land on the spot and found that the petitioners are in possession of only 0.01 acre of land in Khasra No.961. Learned Executing Court then passed the order dated 17-01-2020 that whatever may be the condition the petitioners/judgment debtors be evicted from the land and building in their possession and the same be delivered to the respondent-decree holder and warrant of possession was issued again. On 24-01-2020 the process were not returned, therefore, another date was fixed for report on the process, that is, the warrant of possession.

(3.) It is submitted by learned counsel for the petitioners that the suit property was Khasra No.961 measuring 0.045 hectares regarding which the respondent had decree for possession against the petitioners. In the order sheet dated 15-01-2018 learned executing Court has mentioned that according to the report of bailiff, the Patwari and the R.I. had measured the spot and found that the petitioners are in possession of 0.01 acre of land and they have also released their possession from the same. The learned executing Court then ordered that as the remaining land of the suit land is not available on the spot, therefore, the decree has become inexecutable and the execution proceeding was closed. This order was challenged in WP227 No.736 of 2018 which has been disposed off by order dated 14-10-2019, in which this Court allowed the petition and restored the execution case and directed the executing Court to proceed with the execution case.