MAHESH SINGH PARIHAR Vs. ARVIND KUMAR

JUDGEMENT

(1.) HEARD . Order dated 10-01-2013 passed by Second Civil Judge Class-II, Khurai, District-Sagar, in an Execution Case is being assailed vide this petition under Article 227 of the Constitution of India. Vide impugned order, the Executing Court while negativing the objection raised by petitioner directed for issuance possession of .14 dismissal of Khasra No. 526.

(2.) SUIT at the instant of respondent for possession of a portion of Khasra No. 526 located in Mouja Khurai was decreed in Appeal vide Judgment and Decree dated 25-08-1970 by the First Additional District Judge, Sagar, in Civil Appeal No. 78-A/1969 in favour of respondent. The judgment and decree was affirmed in Second Appeal No. 550/1970 decreed on 25-02-1977. Civil Appeal No. 2676/1977 preferred thereagainst was dismissed on 07-09-1994. The respondent thereafter put the decree to execution.

(3.) THE petitioner assailed said orders vide Writ Petition No. 9838/2009 on the ground that without demarcation of suit land the executing Court ought not to have directed for possession. The matter was remitted to the Executing Court by order dated 12-03-2012 to consider the objection raised by the petitioner. On remand the Executing Court considered afresh the objection and on a finding that 0.14 acre of Khasra No. 526 (the suit land) since remain to be restored to respondent- Decree Holder directed for issuance of warrant of possession.