ORDER

With consent of the parties, the matter is heard finally.

1. This petition under Article 227 of the Constitution of India has been filed by the petitioner / plaintiff against order dated 16.4.2019 (Annexure P/5), passed in Execution Case No.20/2018 by the learned District Judge, Neemuch (MP), whereby in execution proceedings initiated by respondents No.1 to 3 / defendants No.1 to 3, an application was filed by the petitioner / plaintiff under Order 21 Rule 10 read with Order 47 read with section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code) for dismissal of the execution proceedings on the ground that judgment and decree dated 16th May, 2018 (Annexure P/1) passed by the District Judge, Neemuch, District Neemuch in Regular Civil Suit No.49-A/2011 is sought to be executed by the defendants No.1 to 3 who, apparently are not the decree holders.

2. Learned counsel for the petitioner / plaintiff has submitted that the respondent (s) being judgement debtor cannot file execution proceedings even though the decree was passed in a suit for partition. Counsel has also drawn the attention of this Court to the fact that initially written statement of the resp