LAKHI CHAND YADAV Vs. DAYARAM GOWALA

JUDGEMENT

(1.) The order dtd. 19/12/2021 in connection with Misc Case No. 48/18 is under challenged. Both the learned advocate Mr. Ganesh Shrivastava and Ms. Anyasha Das appeared on behalf of the parties to this application.

(2.) Specific case of the petitioner is as follows:-

(3.) Further case of the, petitioners/decree holders is that an application under Rule 208 of civil rules and orders was filed against the opposite parties/judgement debtors in Title Execution Case No. 3 of 2017and said application was registered as Misc Case No. 48 of 2018. Opposite parties/judgement debtors contested the said misc case by filing written objection contending, inter alia, that bailiff did not visit the suit premises on 6/7/2018 and also denied any resistance. In course of hearing bailiff and learned advocate Commissioner testified that without police assistance writ of delivery of possession could not be executed. On the other hand opposite party no. 1 and 2 deposed on behalf of the judgment debtors that bailiff did not visit the suit property on 6/7/2018.