HIMMAT RAI Vs. ABDUL HAMID AND OTHERS

JUDGEMENT

(1.) This revision is filed against the order dated 16.10.2010, passed by the learned Civil Judge (Junior Division), Palwal, vide which the application of the decree-holder (present revisionist) under Order 21, Rule 32 read with Sec. 151 of Code of Civil Procedure (in short 'CPC') for restoration of possession of the suit property to the decree-holder from the judgment-debtors and for taking necessary action against the judgment-debtors was dismissed.

(2.) The brief facts of the case are that the judgment and decree was passed in favour of plaintiff on 14.3.2000. In pursuance to the execution filed by the present revisionist, the possession was delivered on 7.1.2009 with the help of police. The plea of the learned counsel for revisionist before the lower Court was that on intervening night of 30/31.7.2010, he has again been dis-possessed and that the possession should again be delivered back to him through execution of said decree dated 14.3.2000. The said plea was declined by the learned Civil Judge (JD), Palwal, vide order dated 16.10.2010. This is how the present revision was filed by the present revisionist before this Court.

(3.) I have heard learned counsel for the parties and have also carefully gone through the file.