HEMCHAND MAKHEEJA Vs. SUNITA GARG

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India challenge is made to the legality and validity of the impugned order passed on 7/7/2014 by the Second Civil Judge, Class II, Gwalior in case No.59A/2009 (Execution). By the aforesaid order, the court below has rejected the application filed by the petitioner/judgment debtor under Section 151 of CPC where -under the petitioner had questioned sustainability of the claim of applicant/respondent no.1, who claimed to have succeeded Late Shri Badriprasad, the original plaintiff, by virtue of Will dated 6/5/2012 claimed to have been propounded by him.

(2.) The court below has deferred consideration of aforesaid objection on condition precedent that unless the petitioner/judgment debtor hands over vacant possession of the suit premises by delivery of keys to the lock thereof, objection shall not be considered. During the course of hearing learned counsel for the judgment debtor/petitioner undertakes that petitioner shall deposit the keys to the lock of the suit shop to the Executing Court after vacating the suit premises on or before 31st October, 2014, failure thereof shall entail dispossession by the Executing Court with police force. Thereafter, the Executing Court is directed to address upon the objection raised by the petitioner/judgment debtor as regards sustainability of the claim of the applicant/respondent no.1 seeking execution of decree by force of Will dated 6/5/2012. Parties are free to take pleas available to them under the law.

(3.) In view of the aforesaid, no interference is warranted in the order impugned passed by the court below. Accordingly, with the aforesaid directions, this writ petition is disposed of.