ZENAL CONSTRUCTION PVT. LTD. Vs. VASUDEV VISHANDAS KATARIA

JUDGEMENT

(1.) By this Appeal, the Appellant has taken an exception to the Judgment and Order dated 14 th June 2012 passed by the learned Single Judge in a Chamber Summons in the pending Execution Application.

(2.) Briefly stated the facts of the case are as under:-

(3.) In the affidavit-in-support of the Chamber Summons taken out by the Appellant, it is stated that on the basis of the warrant for possession issued in execution, on 30 th September 2011, the Appellant has been dispossessed from the suit property with incomplete building structure of ground, podium plus three upper floors. It is claimed that the Appellant became aware of the warrant of possession only on 30 th September 2011 when a Director of the Appellant received an intimation from a Bailiff from the office of the Sheriff about his visit to the property for execution of the warrant for possession.