RAM KISHORE Vs. MANNAVER BEGUM

JUDGEMENT

(1.) BOTH these cases relate to the execution of a decree as such, are decided by a common order.

(2.) EX parte eviction decree was passed on 14.2.1992 in favour of Smt. Mannaver Begum and against Udai Lal with respect to a shop situated at Ramgarh Mod, Amer Road, Jaipur. Smt. M. Begum put the decree into execution. In compliance of warrant of possession issued by the executing court, the Court Ameen went at the spot and found that Ram Kishore was in the possession of the shop in dispute and was running his grocery shop in the name and style of M/s Mangal Kiryana and General Store. The warrant of possession could not be executed as Ram Kishore resisted it. Court Ameen referred the warrant with his report and sought police help.

(3.) ON 2.9.94 Ram Kishore moved another application and, prayed that reply dated 21.3.94 and affidavit dated 5.8.94 filed by Smt. M. Begum may be treated as application under order 21 Rule 97 C.P.C., and the matter be investigated and adjudicated according to law.