DAL CHAND Vs. KAMLESH KUMARI AND ORS

JUDGEMENT

(1.) Present petition is filed challenging the order dated 09.08.2010 passed by the learned Executing Court/Civil Judge (Junior Division), Gurgaon, whereby application moved by the judgment-debtor - petitioner herein for the appointment of Local Commissioner was dismissed.

(2.) The brief facts of the present case are that predecessors-in-interest of plaintiff - decree holder filed a suit for possession against the defendants - judgment debtors pertaining to land bearing Khasra No. 230/7/2. In the suit, defendants - judgment debtors have raised defence that they are not in possession of the property in suit as mentioned in the plaint and they are in possession of their own property and suit of the plaintiffs cannot be decreed against the defendants. During the suit, Local Commissioner was appointed and he has also submitted his report about the identity and location of the disputed property and ultimately, suit was decreed. In the execution being carried out by the decree-holder, defendant - judgment debtors once again raised the same objection before the Executing Court that Judgment debtors are not in possession of Khasra No. 230/7/2 and in the garb of the decree, plaintiffs - decree holders want to dispossess the judgment debtors from their own property. An application was moved by the judgment debtors for identification of the land once again during the execution. Learned Executing Court in the impugned order has observed that since decree was passed about the specific khasra No. 230/7/2, hence possession shall be delivered to the decree -holders on the specific khasra No. 230/7/2, hence apprehension of the defendant - judgment debtors is baseless.

(3.) I am in full agreement with the observations made by the learned Executing Court. No perversity and illegality is pointed out in the impugned order.