MANOJ KUMAR & ANR Vs. KANWAR PAL

JUDGEMENT

(1.) Legal representatives (sons) of original decree holder Ved Pal since deceased have filed this revision petition under Article 227 of the Constitution of India impugning order dated 12.12.2011 Annexure P17 passed by the executing court thereby dismissing the execution petition filed by the decree holder.

(2.) Suit filed by Ved Pal against respondent Kanwar Pal for possession of the disputed shop by ejectment and for compensation/damages for use and occupation thereof was decreed by the trial court vide judgment and decree dated 6.2.2008, Annexure P/2, upheld in first appeal and second appeal as well as by Hon'ble Supreme Court in Special Leave Petition. Decree holder Ved Pal filed execution petition for executing the said decree. Warrant of possession of the disputed shop was issued. However, it was reported on the warrant of possession that the suit property lies in khasra no. 1/1/2 instead of khasra no. 1/1/1. In view thereof, the execution petition has been dismissed by the executing court holding the decree to be inexecutable. Feeling aggrieved, legal representatives of decree holder have filed this revision petition to challenge the said order.

(3.) I have heard counsel for the parties and perused the case file. Impugned order of the executing court is patently perverse and illegal and suffers for jurisdictional error and is completely unsustainable.