JAMEELA SHAIK Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case filed under Ss. 397 and 401 of Code of Criminal Procedure (Cr.P.C.) questions the correctness of docket order dtd. 16/9/2019 of learned II Additional Chief Metropolitan Magistrate, Vijayawada in C.F.No.10161 of 2019.

(2.) Smt. Kulsoom Bi and Smt. Jameela Shaik are stated to be real sisters. Smt. Kulsoom Bi filed O.S.No.860 of 2018 against her sister Smt. Jameela Shaik before the learned VII Additional Senior Civil Judge, Vijayawada. She claimed that the immovable property is owned by her and was under her use and occupation and out of affection her sister was permitted to stay on the first floor of the building gratuitously and as a licensee. Thereafter, despite the demands to vacate the premises and take away her movable properties, she failed to oblige and therefore, the suit was filed for a direction to the defendant to vacate and deliver vacant possession of the plaint schedule property within a period of two months. The defendant in the suit did not put up contest.

(3.) The judgment debtor did not comply with the said order. In such circumstances, the decree holder filed E.P.No.67 of 2019. After requisite enquiry, the executing Court issued a warrant for delivery. A Field Assistant of the Court acting upon the warrant instructions and in the presence of police, effected delivery of the immovable property. This execution was done in the presence of mediators also. As per the proceedings of the Field Assistant, judgment debtor and her family members were present when this execution was done. When they were asked to remove their movables, they refused and created galata. As the judgment debtor refused to remove the articles, the Field Assistant in the presence of police and panch witnesses prepared an inventory and seized the articles and kept them in the custody of decree holder on 1/7/2019.