AMIT BANSAL
Ajit Singh Deceased Through Lrs – Appellant
Versus
Padma Bhandari Deceased Through Lrs – Respondent
JUDGMENT
Amit Bansal, J. - The present petition under Article 227 of the Constitution of India assails the order dated 03rd March, 2021 passed by the Administrative Civil Judge (South), Saket Courts, New Delhi (hereinafter Executing Court) in Execution Petition No.350/2017, whereby warrants of possession have been issued qua the portion shown as point X in the site plan (Ex-PW1/A), with a further direction to the bailiff to break up the locks and doors and get the portion, illegally occupied by the petitioners (legal heirs of the judgment debtor/original defendant) behind the portion marked as X in the site plan, vacated from the petitioners.
2. The counsel for the petitioners as well as counsel appearing on caveat on behalf of the respondents (decree holders/original plaintiffs) have been heard at length when the petition was first listed on 23rd November, 2021 and judgment was reserved.
3. Brief resume of the facts giving rise to the present petition are detailed hereinafter.
3.1 In 1986, the respondents had filed a suit for possession and recovery of damages against the original defendant, being suit No.674/1986 pertaining to two rooms and a small kitchen at the back of 12, Padmini
Allahabad in the leading case of Jodhey vs. State AIR 1952 All 788
B. Gangadhar vs. B.G. Rajalingam (1995) 5 SCC 238
Bimal Kumar and Anr. vs. Shakuntala Debi and Ors. (2012) 3 SCC 548
Mohd. Ismali vs. Ashiq Husain AIR 1970 All 648
Ramesh Chand Sankla and Ors. vs. Vikram Cement and Ors. (2008) 14 SCC 58
Rameshwar Dass Gupta vs. State of U.P. (1996) 5 SCC 728
Roshan Deen vs. Preeti Lal (2002) 1 SCC 100
Shiv Shankar Dal Mills vs. State of Haryana (1980) 2 SCC 437 : (1980) 1 SCR 1170
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