KAMLESH SHARMA Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution assails the order dated 29.1.2013, whereby the application preferred by the petitioner under Section 47, CPC, (Annexure P/4) is rejected by the court below.

(2.) PETITIONER and respondent No.1 jointly filed a civil suit against the respondent No.2. The said civil suit was decreed on 21.11.2009. The trial court directed that the defendant (respondent No.2 herein) shall give vacant possession of the suit house to plaintiff No.2 (respondent No.1 herein) before 31st July, 2010.

(3.) CRITICIZING this order, Shri A.K.Sharma, learned counsel for the petitioner, submits that it is not in dispute that as per the judgment dated 21.11.2009, the defendant was required to hand over the vacant possession to the plaintiff No.2/respondent No.1. However, after the judgment and decree, certain subsequent events have taken place, which have been narrated in Annexure P/4. The Executing Court has committed an error in not considering the said subsequent events.