HARISH KUMAR Vs. SUNDER LAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the orders dated 23.4.2016 (Annex. 12 and Annex. 15) passed by the Executing Court, whereby, the objection filed by the petitioner qua execution has been rejected and the application filed by the respondent, decree-holder, under Sec. 151 C.P.C. has been accepted and the possession warrant has been ordered to be issued, respectively.

(2.) A suit for eviction was filed by the respondent Sunder Lal in the year 1982 against the firm Murlidhar Chandra Kishore seeking eviction from a shop situated at Kotgate, Bikaner, boundaries thereof were indicated in para 1 of the plaint. The suit was resisted by the defendant firm. The suit came to be decreed on 5.5.2007 by the Trial Court.

(3.) Feeling aggrieved, first appeal was filed which was rejected by the Appellate Court on 24.11.2014, the second appeal against the judgment and decree passed by the two Courts below was rejected by this Court on 27.3.2015 and Special Leave Petition arising from the judgment passed in second appeal dated 27.3.2015 was rejected by the Honourable Supreme Court on 7.9.2015. The petitioner was granted extra time by this Court, which expired on 31.3.2016.