BAJRANGHLAL SINGHANIA Vs. RATAN CHANDRA GHOSH

JUDGEMENT

(1.) Heard the Parties. This revision application is directed against the order dated 28-9-2002 passed by Munsif at Jamshedpur in Execution Case No. 23/98 whereby he has held that before passing order for issuance of writ of delivery of possession, notice to show cause against one of the judgment debtors is mandatary in view of provisions of Order XXI, Rule 22(1)(a) of the C.P.C.

(2.) The facts of the case lies in a narrow compass.

(3.) Petitioner filed Eviction Suit No. 124/ 92 for eviction of the defendants/opposite parties on the ground of personal necessity. The suit was decreed in terms of judgment dated 31-8-1998. The decree holder opposite parties levied Execution Case No. 23/98 for execution of the decree. In the meantime, opposite parties preferred civil revision being C.R. No. 519/98R efore this Court challenging the judgment and decree passed by the Munsif. The Civil Revision was dismissed on 10-8-2001. The opposite parties then filed S.L.P, No. 7049/2002 which was also dismissed on 22-3-2002. While dismissing the appeal the Supreme Court observed that if appellants file undertaking to vacate the premises then the decree shall not be executed for six months. The opposite parties did not file any undertaking which was confirmed by the Supreme Court through the letter of Assistant Registrar dated 29-4-2002. After expiry of six months the petitioner decree holder filed an application before the munsif for issuance of writ for delivery of possession. On the said application impugned order has been passed.