T SARASWATHI PRASAD SINGH Vs. G V KALAVATHY

JUDGEMENT

(1.) The appellant-5th respondent filed the appeal against the orders passed in E.P.No.l of 2001 dated 9-4-2002 in directing issue of warrant of delivery of possession of E.P. schedule property to the execution petitioner by evicting the judgment-debtors from the E.P. schedule property and also for a direction to grant police aid for execution of the warrant.

(2.) The brief facts leading to the filing ofthe appeal are as follows:

(3.) C.S.No.14 of 58 was filed by oneDildarunnisa Begum and another for partition of mathruka properties including 14 mulgies as detailed in E.P. schedule. The 1st respondent-petitioner purchased the E.P. schedule premises under registered sale deed dated 12-6-1967 from D-51 and D-52. During the pendency of the suit, there was a compromise between some parties in respect of certain properties and item 30 of schedule IV, which is the subject matter of E.P., fell to the share of D-51 and D-52 in the said compromise. They sold the said property to the 1st respondent-petitioner. The other respondents, who were the defendants in the suit, challenged the decree in C.S.No.14 of 58 and the matter went up to the Supreme Court and the Supreme Court dismissed the said appeal on 7-8-1991 in Civil Suit Appeal No. 2021 of 1972. The 1st respondent herein filed E.P. for recovery of the E.P. schedule property. The respondents 5, 7, 8 and 9 opposed the execution petition. It is their contention that they have purchased the mulgies in question under registered sale deeds dated 2-2-1962. The respondents contested the execution on the ground that they are in possession of the property and they have to be evicted only by due process of law. It is their further contention that the decree was only a declaratory and it cannot be executed, as there is no specific direction in the decree to take possession.