BAISAKHU LAL Vs. CIVIL JUDGE

JUDGEMENT

(1.) BY means of this petition, the Petitioner has sought writ in the nature of certiorari quashing the order dated 17.02.2005, passed by executing court (Civil Judge (Junior Division), Rudraprayag), in Execution Case No. 02 of 2004; Pai Das v. Baisakhu Lal.

(2.) HEARD Sri Ramji Srivastava, Learned Counsel for the Petitioner. No -one has turned up on behalf of Respondent No. 2 / decree holder even after there being sufficient service.

(3.) IT appears that the Plaintiff / decree holder Pal Das (present Respondent No. 2) filed Execution Case No. 02 of 1004 before Civil Judge (Junior Division) Rudraprayag for execution of the decree, and thereafter moved an application on 12.08.2004 stating that since the judgment debtor (Defendant / present Petitioner) has meanwhile occupied the land in suit, the possession be got delivered to the decree holder. Copy of the order sheet, which is annexure 5 to this writ petition, shows that the executing court issued writ of possession on 17.02.2005, directing the Central Nazir to deliver the possession of land to the decree holder, with the assistance of the Area Patwari.