ASHOK YADAV Vs. MARY KARUNA PUSHPA TERASA TOPPO

JUDGEMENT

(1.) The appellant (objector in Execution Petition No.126/2013) has filed the present appeal against the order dated 11.04.2014, passed by the Execution Court, whereunder his objections filed under Order XXI Rules 26, 58 and 99 read with Section 151 CPC, have been dismissed.

(2.) By the impugned order, the Executing Court has rejected the objection petition filed by the appellant/objector, who claims that he is the owner and in occupation of the premises No.RZ-26-P/66 on land measuring 200 square yards comprising in Khasra No.690/308, Indira Park, Palam Colony situated in village Nasirpur, New Delhi, and is facing imminent threat of forcible eviction by the respondent No.1/Decree Holder, who is seeking execution of a judgment and decree dated 27.09.2013 passed in Suit No.279/2012 instituted by her against her son, Lalit Toppo(respondent No.2/Judgment Debtor) for possession of House No.RZ-26-P/628, Gali No.41, Mangal Bazar, near Post Office, Indira Park, Palam Colony, New Delhi, measuring 200 square yards, comprised in Khasra No.628, village Nasirpur, New Delhi.

(3.) Mr. Ravi Gupta, Senior Advocate appearing for the appellant submits that the respondent No.1/Decree Holder is trying to create some confusion as to the identity of the suit premises to the detriment of the appellant, who is apprehensive that the bailiff may end up taking over possession of his premises on the basis of mis-representations being made by the Decree Holder before the executing court that the suit property, and the property occupied by the appellant are one and the same which is not the correct position.