SANJUKTA SAHOO Vs. SAILABALA MISHRA

JUDGEMENT

(1.) THE order dated 25th July, 2008 (Annexure-1) passed by the learned civil Judge (SD), Talcher in Execution Case no. 2 of 2002 is assailed in this Writ Petition:

(2.) BEREFT of unnecessary details, the facts of the case are that Title Suit Nos. 9 of 1979/ 2 of 1982 was filed by respondent No. 16 in the Court of the then Subordinate Judge, tardier. The said suit was one for declaration of right, title and interest in respect of the suit property and for recovery of possession thereof. The suit was decree. The said decree was assailed in Title Appeal No. 1 of 1995 before the District Judge, dhenkanal. The appellate Court confirmed the Judgment and decree of the trial Court and dismissed the appeal. The confirming judgment of the appellate Court was assailed before this Court in Second Appeal No. 23 of 1989. The Second Appeal was also dismissed. Thus the judgment and decree of the trial Court were confirmed. Thereafter execution Case No. 2 of 2002 was initiated. In course of execution of the decree, a petition was filed for issuance of a writ by the executing Court for effecting delivery of possession of the suit property in favour of the decree-holder by evicting the judgment-debtors/shop-keepers therefrom. The Amin commissioner filed a report indicating that the shop-rooms which consisted the suit property having been locked and there being no direction to give delivery of possession by breaking open the locks, he could not effect delivery of possession to the decree-holder. On the basis of such report a petition was filed by the decree-holder to issue direction to the Amin Commissioner to break open the locks and deliver possession of the suit property by evicting the shopkeepers therefrom and also for rendering necessary police help for the said purpose.

(3.) THE executing Court, after hearing learned counsel for the parties, issued direction to the Amin Commissioner to effect delivery of possession of the suit property by breaking open the locks with the aid of police. The said Court also directed the Amin commissioner to issue notice to the judgment-debtor occupants of the shop-rooms giving them seven days' time and visit the spot thereafter. The decree-holder was also directed to take steps within three days. The sub-Collector-cum-SDM was directed to be intimated to depute an Executive Magistrate to remain present at the time of execution of the Writ. The Superintendent of Police, angul was also directed to be intimated to depute the OIC, Colliery P. S. to remain present at the spot. The said order is assailed by the petitioner who claims to be a subsequent purchaser of the suit property/ portion thereof.