JAGGU MAL VED PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order of the Additional District Judge, Delhi dated 12th October 1984 whereby the teamed Judge has granted a blanket order of stay of dispossession of the occupants of various 'Gaddis' in respect of which the petitioner has obtained a decree.

(2.) An application was filed under Order 21 Rule 97 of the Code of Civil Procedure for police aid because there was certain resistence from some of the objectors to the decree. By the impugned order, the Additional District Judge, Delhi has even stayed the dispossession of the persons who have not filed the objections.

(3.) I have heard the learned counsel for the parties at length. No doubt that even in an application filed under Order 21 Rule 97 of the Code of Civil Procedure if objections are filed, the court has to prima-facie consider as to whether the objector has any right to continue in the premises for which a decree has been obtained^ by the decree holder. It appears that in the present case, the trial court has not considered the objections individually and has passed a blanket order.