ROSHAN LAL Vs. DAYAKAR

JUDGEMENT

(1.) The judgement-debtor is the petitioner, who has invoked the jurisdiction of this Curt under Article 227 of the Constitution of India for setting aside the orders dated 12.8.2013 and 1.9.2014 passed by the learned Civil Judge (Junior Division) Arki, whereby warrants of possession have been issued against him in execution petition instituted by the decree holder- respondent.

(2.) Indisputably, an ex-parte decree, passed in favour of the respondent has attained finality and when the execution petition was filed, the respondent was duly served for 13.3.2013, on which date after putting in appearance he requested for time to file reply and the case was thereafter ordered to be listed on 11.4.2013. Thereafter even on 11.4.2013, 20.5.2013 and 28.6.2013, the petitioner did not file his objections and ultimately the executing court vide its order dated 12.8.2013 closed the right of the judgement-debtor to file the objections.

(3.) This order initially remained unchallenged. However, when the warrants of possession came to be issued pursuant to orders passed by the learned Executing Court on 1.9.2014, the petitioner under the garb of assailing this order also questioned the order dated 12.8.2013.