Gayatri Bai v. Mahaveer Prasad

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 335 of 2016 • Gayatri Bai W/o Shri Manharan Lal, Aged About 58 Years Caste Bramhad, R/o Block Road Takhatpur, District Bilaspur ( Chhattisgarh ) ---- Petitioner

Versus

1. Mahaveer Prasad S/o Late Basant Lal, Aged About 49 Years Caste Agrawal, R/o Village Barela, Tahsil Mungeli, District Mungeli ( Chhattisgarh )

2. State Of Chhattisgarh Through The Collector Bilaspur, District Bilaspur ( Chhattisgarh ) ---- Respondents For Petitioner :

Shri Mirza Hafeez Baig, Advocate For Respondent No.1 :

Shri Manoj K. Sinha, Advocate For Respondent No.2/State :

Shri Avinash Singh, P.L.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 20/07/2016 In this petition, the dispute is about execution of the decree for possession. While the petitioner / judgment debtor says that he has already handed over the portion for which the decree has been granted, the respondent / decree holder is disputing the statement.

2.

While rejecting petitioner's application under Section 151 of the C.P.C., the Executing Court has directed for issuance of warrant of possession which shall be affected after demarcation / measurement of land by the Tahsildar, Takhatpur. 3.

Similarly, by interim order passed in this petition on 02.06.2016, it has been directed that the decree shall be executed strictly in accordance with the terms contained in paragraphs 12 (1) & (2) of the decree of the trial Court upon proper demarcation carried out in the presence of the parties to the suit and the process server.

4.

Since both the parties desire that the execution should be carried out after demarcation, the writ petition is disposed of with direction that the Tahsildar shall carry out the demarcation and take measurement in the presence of both the parties and process server and thereafter the decree shall be executed if it is found that the judgment debtor is still occupying the decretal property. Sd/- Judge (Prashant Kumar Mishra) Anjani