PRABHUDAYAL KESHARWANI Vs. LATE DHANSAI

JUDGEMENT

(1.) "Courts of law should be careful enough to see through such diabolical plans of the judgment-debtors to deny the decree-holders the fruits of the decree obtained by them. These type of error on the part of the judicial forums only encourage frivolous and cantankerous litigations causing law's delay and bringing bad name to the judicial system."

(2.) The jurisdictional civil Court, in Civil Suit No. 55-A/2002 (Prabhudayal & Anr. Vs. Dhansai & Anr.) filed by the plaintiffs/petitioners herein, granted decree in favour of plaintiffs/petitioners directing delivery of possession of suit property bearing khasra No. 961 area 0.045 hectare from defendant/respondent No. 1 herein as per the map annexed with the decree. The said decree dtd. 31/10/2003 was put to execution on 14/09/2007 and warrant of possession was issued on 28/04/2010 and ultimately, the issue of demarcation was raised by the judgment-debtor/respondent No. 1 herein. The suit property was demarcated but yet, by order dtd. 15/01/2018, learned trial Court closed the execution proceeding holding that defendant/respondent No. 1 was in possession of only 0.01 decimal of the suit property which he has already vacated. Calling in question the above-stated impugned order, this writ petition has been preferred by petitioners/decree-holders branding that order as absolutely illegal and contrary to the decree granted by the trial Court.

(3.) Mr. Prabhudayal Kesharwani, petitioner No. 1 in person would submit that though the jurisdictional civil Court has granted decree in his favour holding that he is entitled for the vacant possession of the suit property bearing Khasra No. 961 area 0.045 hectare situated at Village Hasuwa, Tahsil Kasdol, District Raipur, yet by conducting demarcation which is contrary to law, his execution case has been dismissed which is totally unsustainable and bad in law.