SITARAM PAL Vs. RAM PRASAD

JUDGEMENT

(1.) THIS petition is fixed today for default of process fee. Shri Anand Bhardwaj, learned counsel, takes notice on behalf of the respondents. As both the parties agreed for arguing the matter finally, hence, arguments of both the parties are heard.

(2.) THIS petition is filed by the petitioner/judgment debtor under Article 227 of the Constitution of India challenging the orders dated 6.12.2008 and 9.7.2008 passed by the Civil Judge Class I, Kolaras District Shivpuri in Execution Case No. 83A/76X93.

(3.) IT is contended by the petitioner that the stamp duty as directed by the Court on a decree was not deposited by the decree-holder for execution the sale deed nor a relief of possession was asked in the said execution. The execution continued and on 28.6.2008, the decree holder filed an application for amending the execution and praying for issuance of warrant of possession.