ABDUL SATTAR Vs. UOI

JUDGEMENT

(1.) By way of present petition under Article 227 of the Constitution of India, the petitioner has assailed an order dated 24th April, 2007 passed the Civil Judge (Executing Court) whereby the learned trial court after recording statement of technical assistant of the Archeological Survey of India, refused to issue warrants of possession of the property.

(2.) Brief facts relevant for the purpose of deciding this petition are that the petitioner filed a suit against Union of India impleading Archeological Survey of India and Delhi Wakf Board as parties. This suit was for recovery of possession. The plea taken in the suit by the Archeological Department was that the property in question was not in possession of it but the property was a DDA property. DDA was not made a party in the suit despite the fact that this was a contention raised by the Union of India. The trial court passed the following order:

(3.) After the decree in the suit in above terms, the decree holder filed an execution and sought possession. The statement of technical assistant was recorded by the trial court refused to issue warrants of possession and finding that judgment debtor was not in possession of suit property.