Vijender Jain, J. (Oral)

( 1 ) BAWA Shiv Charan Singh, learned counsel appearing for the Decree Holders, states that this application is not necessary and wishes to withdraw the same.

( 2 ) DISMISSED as withdrawn. Ex. 163/91 and EAs. 127-128/95 and 322/95

( 3 ) THIS is an application (EA 127/1995) under Section 47 read with Section 151 of the Code of Civil Procedure (in short "cpc") by Mohd. Saddique, husband of the deceased Judgment Debtor. Mr. B. I. Singh, learned counsel appearing for the Objector-husband of the deceased Judgment Debtor, has contended that the decree was obtained by fraud and, therefore, the same cannot be executed and the decree be set aside. Another contention raised by Mr. B. I. Singh is that the suit, which was filed by the plaintiff/decree Holder was for mandatory injunction and no order in the execution proceedings can be passed for delivery of possession. In support of his contention, he has cited a Full Bench decision of this Court reported in Sarup Singh Vs. Daryodhan Singh AIR 1972 Delhi 142, in which it is held :-

"as observed by the High Court of Calcutta in Hem Chandra Naskar V. Narendra Nath Bose, AIR 1934 Cal 402 and by the High Court of Allahabad in

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