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1995 Supreme(SC) 686

K.RAMASWAMY, S.SAGHIR AHMAD
B. Gangadhar – Appellant
Versus
B. R. Rajalingam – Respondent


Advocates:
CHITRA MARKANDEYA, SUBODH MARKANDAYA

ORDER

1. This petition arises from the order of the Andhra Pradesh High Court dated 17-2-1995 made in C.R.P. No. 496/94.

2. The petitioner is the judgment-debtor. The respondent laid O.S. No. 375/1985 for declaration of title to and for possession of the property bearing No. 21-6-652 situated at Chelapura, Hyderabad. By decree dated January 25, 1991 the trial Court declared him to be absolute owner of the suit property and also directed the petitioner "his men, tenants to vacate and hand over vacant possession of the land held by the petitioner". The decree had become final. When warrant was issued in execution for delivery of possession, the bailiff returned it on the ground that the petitioner had constructed shops and inducted tenants into possession and that, therefore, he cannot execute the warrant. Thereon, the respondent filed an application under Order 21, Rule 98 read with S. 151, C.P.C. to issue warrant to the bailiff to demolish the shops constructed by the petitioner and delivery vacant possession of the suit house. The executing Court, after enquiry, by its order dated September 30, 1993 directed bailiff by warrant to demolish the shops and to delivery vacant possession











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