RAMESHBHAI PURSHOTTAMBHAI PATEL Vs. ASHWINBHAI GORDHANBHAI PATEL

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 6.7.2010 passed below application Exh.88 in Execution Petition No.29 of 1998 and has also sought declaration in para 13(b) that the possession given to him of the disputed land in execution proceeding is not illegal.

(2.) THE case of the petitioner is that a suit, being Civil Suit No.185 of 1990 was filed by the respondent for permanent injunction in respect of the disputed property, wherein compromise pursis was submitted and the Court passed final decree in terms of compromise pursis on 9.8.1998.

(3.) BASED on the compromise decree, the petitioner filed execution proceeding, being Execution Petition No.29 of 1998, wherein the possession warrant was issued against the respondent pursuant to which, the petitioner was given possession of the suit land.