SANJAY MAKHANLAL GUPTA Vs. ANANT BHIVA MADHAVI

JUDGEMENT

(1.) By this writ petition under Article 227 of the Constitution of India, the petitioner (decree holder) is challenging an order passed by the executing Court rejecting the application for delivery of possession on the ground that the operative part of the decree does not contain a direction to deliver the possession.

(2.) It appears that the petitioner is the original plaintiff who filed suit for possession, declaration and injunction. Prayer clause 12(a) of the plaint reads as under:

(3.) The Trial Court, after considering pleadings, framed issues. Issue No.4 reads as under: