SITARAM SRIGOPAL Vs. UNION CARBIDE INDIA LTD

JUDGEMENT

(1.) This appeal is preferred by the judgment-debtor appellant against a judgment and order of affirmance rejecting his application under Section 47 and Section 151 of the Civil Procedure Code in an execution case started by the decree-holder for taking delivery of possession of the disputed property.

(2.) In a suit filed, inter alia, on the ground of building and re-building by the respondent Union Carbide India Ltd., for rejecting the judgment-debtor a compromise petition was effected under which the judgment-debtor agreed to deliver vacant possession of the disputed premises in parts to the decree-holder from time to time on different dates. Although possession of the separate portions of the disputed premises was delivered according to the terms of the compromise the appellant failed ultimately to deliver possession of the portion of the disputed premises with which we are now concerned and the respondent put the decree into execution. The Court in course of such execution proceeding issued a writ for delivery of possession and thereafter on or about 1st February, 1969, the appellant made an application under Section 47 read with Sec. 151 of the Code of Civil Procedure praying inter alia, for recalling the writ for delivery of possession substantially on the allegation that the respondent with the help of large number of persons described as anti-social elements and the Court's Bailiff was trying to take forcible possession. The appellant also made a separate application for temporary injunction which gave rise to another miscellaneous case which, however, was rejected but with which we are not concerned now.

(3.) This application, however, was opposed by the decree-holder -- his case being, in short, that the application was not maintainable and in any case possession of the disputed premises was already taken.