RAM LAL Vs. RIKHI RAM

JUDGEMENT

(1.) Aggrieved by the order passed on 1st March, 2014, by learned Civil Judge (Senior Division), Bilaspur, in CMA No.204/6 of 2013 (Objections under Section 47 of the Code of Civil Procedure), the objector-judgment debtor has preferred this petition for quashing the impugned order on the grounds inter alia that in the nature of the objections raised issues were required to be framed and the evidence qua the identity of two rooms accommodation over khasra No.186/121, the possession whereof under the decree sought to be executed to be delivered to the respondent/decree-holder produced and without doing so, the warrant of possession could have not been issued nor the possession of the same delivered to the respondent/decree-holder.

(2.) Surprisingly enough the judgment and decree Annexure P-1 passed long back on 18.7.2005 has not yet been executed on account of the objections being preferred by the petitioner-judgment debtor on one pretext or the other irrespective of the objections similar in nature adjudicated by learned Civil Judge (Senior Division), Bilaspur vide order dated 2.7.2012 Annexure P-7 affirmed by this Court vide judgment dated 28th August, 2012 in CMPMO No.254 of 2012. Again, he preferred the objections under Section 47 of the Code of Civil Procedure came to be decided by learned Civil Judge (Senior Division), Bilaspur vide order under challenge in this petition.

(3.) According to the petitioner-judgment debtor, at the time of demarcation conducted during the course of execution proceedings the revenue staff did not find any construction having been raised over the suit land comprised in Khata/Khatauni No.42/51, khasra No.186/121, measuring 0-3 bighas and that the house is constructed by the respondent on another piece of land bearing khasra No.128. In support of the objection so raised, reliance has been placed on the demarcation report Annexure P-9. No such material can be taken into consideration for the reason that the parties underwent trial knowing fully well that the two rooms, the possession whereof is to be delivered to the respondent/decree holder under the decree sought to be executed exists over the land bearing khasra No.186/121.