MANSHA RAM Vs. JAGDISH CHAND

JUDGEMENT

(1.) By way of instant petition, petitioners have assailed order dtd. 26/11/2018 passed by learned Civil Judge, Court No.2, Ghumarwin, District Bilaspur, H.P. in Execution Petition No. 7/10/2018.

(2.) Learned Additional District Judge, Ghumarwin, had passed a decree in favour of respondent herein (for short "decree holder") in the following terms:-

(3.) Decree holders filed aforesaid execution petition and the executing Court issued warrant of possession directing the same to the Collector, Sub Division Jhandutta, Bilaspur, for execution on 3/5/2018. The Collector returned the warrant of possession to the executing Court on 25/7/2018 with a report that the warrant was executed in respect of Khasra No.35/2, measuring 1.8 bighas, however, khasra No.35/1, measuring 0.6 bighas was not found on spot to have any constructed house or Sehan as per tatima Ex.PW1/C and thus on fresh demarcation, khasra No.35/1 was found to be vacant, qua which judgment debtors were ready to handover the possession to the decree holder. He further reported that decree holder though participated on spot during the process of execution of decree but later had left the spot without recording his satisfaction.