AJAY KUMAR PATRA Vs. TULASI BEWA

JUDGEMENT

(1.) The present writ application under Article 227 of the Constitution of India at the instance of the third party interveners in execution case challenged the order/ judgment dated 16-12-1995 passed by the learned District Judge, Balasore in Civil Revision No. 43 of 1995. The said Civil Revision arose out of an order dated 10-5-1995 made by the learned Subordinate Judge, Balasore in Execution Case No.19 of 1986

(2.) It appears from the materials on record that the aforesaid Execution Case No.19 of1986 is pending for effecting partition in a suit for partition being decreed finally. In the aforesaid execution case, the decree-holder has prayed for police help so that she can get delivery of possession of the allotted immovable properties. Meanwhile the third party-petitioners have appeared and filed petitions expressing their intention to resist the delivery of possession. Upon consideration of the materials on record, the Executing Court recorded that it cannot pass any order enforcing the writ of delivery of possession, muchless with police help. Attention of the Executing Court was drawn to a case reported in AIR 1974 Madhya Pradesh 26 (Bhagwat Narayan Dwivedi v. Kasturi).

(3.) The decree-holder being aggrieved by the said order preferred Civil Revision No. 43/95 as aforesaid before the learned District Judge. The learned District Judge having considered the contentions of both sides has allowed the revision directing, inter alia, that the writ of delivery of possession be enforced immediately.