RAM PAT Vs. PRITHVI RAJ

JUDGEMENT

(1.) The question which arises for consideration is "Whether, while passing an order of delivery of possession in execution of an injunction decree, the Executing Court is required to record a finding that the Judgement Debtor has had an opportunity to obey the decree and he has wilfully failed to obey it?

(2.) Order XXI Rule 32 of the Code of Civil Procedure, 1908 is extracted as under:-

(3.) This revision petition arises from an order passed by the Executing Court directing delivery of possession of the property to the decree holder solely on the ground that the judgment debtor has been found in possession of the said property. Admittedly, there is no judgment and decree for delivery of possession in favour of the decree holder and against the judgment debtor. The operative part of the judgment passed by the Court on 2/11/2011 is extracted as under:-