ALL KOLI SAMAJ NEWAI Vs. SUSHILA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed assailing the legality and validity of the order dtd. 25/3/2022 passed by learned Civil Judge, Niwai District, Tonk (for brevity, "the learned executing Court") whereby, while allowing an application filed by the respondents No.1 to 4/decree holders (for brevity, "decree holders") under Sec. 151 CPC, it has been held that the objections raised by the petitioner/objector (hereinafter referred to as "objector") to the execution of the decree are required to be decided without framing issues/recording evidence.

(2.) Learned counsel for the objector, inviting attention of this Court towards the judgment and decree dtd. 7/10/2005 execution whereof is sought and the various revenue documents, would submit that the land of Khasra No.4039/1, Village Niwai though, Charagah in nature; but, is recorded in the name of President, Koli Samaj. He submits that the subject land, i.e., land of Khasra No. 4039/2 is recorded in the Khatedari of the decree holders and in garb thereof, they want to encroach upon the land of Khasra No.4039/1 under possession of the objector. He submits that since, for decision of the objections raised by the objector, framing of issues and leading of evidence is necessary, the learned executing Court erred in allowing the application filed by the decree holders under Sec. 151 CPC. He, therefore, prays that the writ petition be allowed, the order dtd. 25/3/2022 be quashed and set aside and the application filed by the decree holders under Sec. 151 CPC be dismissed.

(3.) Heard. Considered.