FAQRUDDIN Vs. DIDDE MAHADEVAPPA

JUDGEMENT

(1.) The first defendant in O.S. No. 32 of 1998 on the file of Junior Civil Judge, Gadwal is the petitioner in this revision.

(2.) Respondents filed the suit against the petitioner and four others, for the relief of declaration of title, recovery of possession and consequential injunction in respect of the suit schedule property, which is a small extent of 38 sq. yards, situate in Survey No. 923/1 of leeja village and mandal. After contest by the parties, the trial Court decreed the suit through its Judgment dated 28-04-2004. The respondents filed E.P. No. 91 of 2004 for delivery of possession. Through order dated 30-06-2004, the Executing Court issued warrant for delivery of possession of the EP Schedule property.

(3.) The petitioner contends that the decree in O.S. No. 32 of 1998 does not contain any direction as to the delivery of possession and in that view of the matter, it was not competent for the executing Court to issue warrant for the same.