JUDGMENT :

VIPIN SANGHI, J.

1. The present appeal is directed against the order dated 06.08.2019 passed by the learned Single Judge, whereby, inter alia, the Execution Petition No.46/2018 preferred by the plaintiff/ appellant to execute the order passed on an application under Order XXXIX Rules 1 & 2 CPC (being I.A. No.3865/2018) was rejected on the ground that the execution petition was not maintainable, and was misconceived.

2. The order dated 20.03.2018 passed by the learned Single Judge may be reproduced. The same recites the background facts of the case:

“I.A.No. 3866/2018 (Exemption)

Exemption allowed subject to just exceptions.

I.A stands disposed of.

CS(OS) 114/2018 & I.A.No.3865/2018(U/o 39 Rules 1 and 2 CPC)

1. This is a suit for possession, mandatory and permanent injunction with respect to a portion of the property comprised in the main property bearing no. G-6, Maharani Bagh, New Delhi which is situated on a plot of land of 800 sq. yds. The disputed portion is shown in red colour in the site plan and is in possession of the defendant no.1 through its guards and servants as stated in para 23 of the plaint.

2. Learned counsel for the plaintiffs argues that the suit house was a jo