PRABHU DAYAL KESHARWANI Vs. GOVIND RAM SAHU

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioners submits that such finding is apparently wrong on the face of the record as amount was already deposited long back on 1/05/2014 which would be evident from the order sheet dated 6/05/2014. He further submits that though decree is of 2003 yet after 15 years have passed, fruits of the decree has not been materialized. Consequently, order of the executing court dated 29/11/2017 be set aside and decree of the possession of the suit property may be executed forthwith.

(3.) Perused the record. Record would show that in Civil Suit No. 242- A/2002 a decree was passed on 31/10/2003. Decree was for possession of part of land bearing Khasra No. 961, admeasuring 0.016 hectare situated at Hansua, Tehsil Kasdol, District Raipur which was demarcated and was shown in the decree and the map was made part of the decree. After filing of such execution notice were issued by the executing court i.e. Civil Judge, Class-II, Baloda-Bazar. Record would show that judgement debtor was served on 6/01/2010 and sought time to file reply and from time to time the execution case was adjourned. Eventually after hearing the parties the executing court by an order dated 28/04/2010 passed the order to hand over the vacant possession of the land in question and the possession warrant was issued. Thereafter, notice to obtain possession notice for warrant was paid but eventually decree for possession could not be executed. On many dates though the possession warrant was issued but it came unserved.