SWASTIK BUILDERS Vs. SHOBHA

JUDGEMENT

(1.) This case is illustrative of the difficulties, which a decreeholder has to encounter in recovering possession of immovable property in execution, after she has obtained decree of Competent Court. It is one of those cases, by no means rare, in which the execution proceedings have dragged down to inordinate lanes and led to consequent waste of public time and expense to the parties.

(2.) The crux of the matter involved between the parties is, as to whether the decree passed by the Consumer Court was inexecutable due to non-payment by decree-holder amount specified in the decree, within 30 days from the date of decree.

(3.) A brief recapitulation of facts would bring the matter in proper perspective for appreciation of issues involved.