CHANDRIKA PRASAD GOURAHA Vs. RASHMI KESHARWANI

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 13.11.2014, passed by the Civil Judge Class -II, Lormi, District Bilaspur, passed in Civil Suit No.02 -A/2010, whereby the application filed by the judgment debtor under Section 47, read with Section 151 of C.P.C. was dismissed. Another application was also dismissed by the same order, which was filed under Section 151 of C.P.C. dated 20.10.2014.

(2.) THE learned counsel for the applicant would submit that the applicant is the judgment debtor, who suffered a decree for eviction. He would further submit that the map which was stated to be the part of decree shows a different measurement from the map. He would further submit that the map shows the area of 10'.6" x 14', wherein the map which is attached it goes much beyond the area. He would further submit that the identification of the property itself is in dispute. Therefore, the decree of ejectment, which has been passed can not be executed and the issue raised ought to have been decided under Section 47 of the C.P.C.

(3.) PERUSAL of the documents filed alongwith this petition as also the order would go to show that a decree of ejectment was passed against the applicant. So far as the identity of the property is concerned, the said property is shown in the Annexure - A of the plaint. The Annexure - A of the plaint, which form the part of decree contains a map wherein, the boundaries have been described. It is also apparent from the record that while suit was being contested, no such objection was ever taken though the appeal has been preferred and the perusal of the record would go to show that though the said decree, which has passed by the Court of Civil Judge Class -ll, Lormi is subject of challenge, before the Additional District Judge in Civil Appeal No.37 -A/14, the same is pending adjudication and nothing has been stated in the said appeal.