TIKAMCHAND Vs. SUSHILA DEVI

JUDGEMENT

(1.) THE present petition is directed against the order dated 29th January, 2009 passed by the Executing Court in Civil Execution Petition No. 5/07.

(2.) THE present respondent No.1-original plaintiff and the decree-holder had filed the Execution Petition being No. 5/07 seeking execution of the decree passed in Civil Suit No. 24/93, whereby the trial court had interalia directed the petitioner-original defendant to handover the possession of the disputed shop No.21. In the said Execution Petition the petitioner being judgment-debtor raised objections by filing an application, which was replied to by the respondent-judgment-creditor by filing a reply alongwith an affidavit in support thereof. THE petitioner thereafter submitted an application under Section 151 of CODE OF CIVIL PROCEDURE, 1908 seeking permission to cross-examine the respondent-decree-holder in view of the said affidavit filed by him. THE said application has been rejected by the Executing Court vide the impugned order dated 29.1.09. Being aggrieved by the said order the present petition has been filed by the petitioner.