RAJESH KASERA Vs. SHIRVI KSHTRIYA SAMAJ

JUDGEMENT

(1.) The petitioners have filed the present petitions challenging the order dtd. 19/1/2023 whereby the learned Executing Court has refused to grant interim protection to them and directed to handover the vacant possession of their houses to the decree-holder.

(2.) The decree-holder - Aditya Chitnis filed civil suit No.12A/2010 before the Civil Judge, Class-II against Sirvi Kshatriya Samaj Trust claiming himself to be an owner of the land bearing Survey No. 2447 area 0.376 Hect. situated at Patwari Halka No.24, Ujjain. According to the plaintiff, Sirvi Kshatriya Samaj Trust fraudulently obtained the ex-parte judgment and decree dtd. 7/3/2003 and the same is liable to be declared as void. In the plaint, the plaintiff pleaded that the suit land is an open land protected by fencing and trees and his ancestral house is there on the land. The suit was contested by the Sirvi Kshatriya Samaj Trust as well as by the Government and finally a judgment and decree dtd. 17/1/2014 was passed in favour of the plaintiff.

(3.) The aforesaid decree was assailed by the Sirvi Kshatriya Samaj Trust by way of First Appeal, Second Appeal and SLP before the apex Court and remained unsuccessful. Now, the plaintiff has put the decree in execution for taking possession of the land. The learned Executing Court issued possession warrant in order to take possession of the suit land. Meanwhile, the present petitioners filed an application under Order 21 Rule 97 of the CPC objecting the decree on the ground that they are in possession of the houses which they purchased vide registered sale-deeds. Therefore, unless their objections are decided, the decree-holder be restrained from taking possession of their house. I have heard the learned counsel for the parties.