RAMCHANDRA S/O BHORYA Vs. SHREERAM S/O

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners challenging the order dated 16.10.2019 passed by the Executing Court in respect of judgment and decree dated 25.09.2007.

(2.) Counsel for the petitioners submitted that the decree of eviction was passed against the petitioners, however the disputed property, which is sought to be handed over to the respondent, is not part of the decree. Counsel submitted that the dimensions given in the decree do not tally with the execution proceedings. Counsel further submitted that the petitioners have already filed a Civil Suit in respect of the property in question of which possession is being taken in Executing Court and as such the Civil Court vide order dated 11.04.2018 has passed an order under Order 39 Rule 1 and 2 read with Section 151 CPC.

(3.) Counsel submitted that the respondents have been restrained to take any forceful measure to demolish the wall, teen shed, electricity and water connections and further the petitioner is not to be evicted by forceful measure from the property (area for which, execution petition is preferred by the respondents). Counsel also submitted that the respondents have already filed appeal against the said interim order and same is pending before the Appellate Court.