GARIB DASS AND ANOTHER Vs. AJMER SINGH

JUDGEMENT

(1.) None is appearing for the petitioner inspite of pass over twice although case has been filed as urgent one.

(2.) Judgment debtors (JDs) Garib Dass and his son Kaku have filed this revision petition under Article 227 of the Constitution of India assailing order dated 15.4.2013 Annexure P/4 passed by the executing court thereby ordering issuance of warrant of possession.

(3.) Suit filed by respondent-plaintiff Ajmer Singh against petitioners/defendants under section 6 of the Specific Relief Act (in short, the Act) for recovery of possession of disputed shop and for mandatory injunction directing defendant no. 1 to reconstruct intervening wall, was decreed by the trial court vide judgment and decree dated 10.4.2012 Annexure P/2. Respondent decree holder (DH) filed execution petition dated 12.6.2012 Annexure P/3 for execution of the said decree. In the said execution proceedings, executing court has passed impugned order Annexure P/4 which is reproduced hereinunder:-