RAM SARUP GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) HAVING regard to the cause shown in the application, order dated 8.2.2000 whereby civil revision was dismissed in default, is recalled. The civil revision is restored to its original number. At the request of counsel, the same is taken on board for final disposal.

(2.) THIS civil revision is directed against order dated 4.9.1997 passed by the Executing Court whereby applications filed by the decree-holders have been rejected and decree-holders have been directed to take possession in respect of land decreed in their favour within 15 days from the date of passing of the order from the concerned revenue authorities.

(3.) LATER on, Civil Revision No. 5142 of 1996 was filed in this Court by the State of Haryana against certain directions which were issued to the Deputy Commissioner by the Executing Court. The said Civil Revision came up for hearing before G.C. Garg, J. (as his Lordship then was). In the said civil revision, the Deputy Commissioner was directed to ensure implementation of the decree within one month either through the S.D.M. (C) or the Tehsildar. The Deputy Commissioner was also directed to provide police assistance to the Executing Officer if need be. In pursuance of the order passed by this Court, the revenue authorities made efforts to deliver possession to the plaintiffs but they refused to take possession on the ground that possession of Khasra No. 1878/289 should be got delivered as per mutation No. 1171 dated 11.1.1961 relating to the said Khasra number. In this regard, the plaintiffs tried to take benefit of order dated 14.10.1995 passed by Smt. Raj Rahul Garg, during the course of execution proceedings in regard to the measurement and boundaries of Khasra No. 1878/289 which on consolidation had been given new Khasra No. 413. The Executing Court, vide impugned order rejected the prayer of the plaintiffs in regard to Khasra No. 1878/289 because after consolidation the said Khasra No. ceased to exist and in lieu thereof new Khasra No. 413 had been allotted. The Executing Court also held that Smt. Raj Rahul Garg was not compelent to go beyond the decree and pass order in regard to Khasra No. for which decree was not passed.