SURAJ MAL Vs. BIRMATI

JUDGEMENT

(1.) Decree-holder Suraj Mai has filed the instant revision petition under Section 115 of the Code of Civil Procedure assailing order dated 09.09.2009 passed by the Executing Court i.e. Additional Civil Judge (Senior Division), Panipat.

(2.) Suit filed by the petitioner against respondents was decreed on the basis of compromise, according to which the judgment-debtors were to remove their boundary wall on northern side to the extent of 3' width and 54' in length. The petitioner filed execution petition, wherein after police help, according to the report of Bailiff, possession of 3' wide area as per decree was given to the petitioner. However, the petitioner filed objections against the report of Bailiff, alleging that the possession had not been delivered to him and his thumb impressions had been obtained on blank paper by the Bailiff. Issues were framed on the said objections and after recording evidence, the Executing Court, vide impugned order dated 09.09.2009, held that possession has been delivered to the petitioner as per decree and the execution petition was accordingly filed as satisfied.

(3.) Feeling aggrieved, the decree-holder has filed the instant revision petition.