N. Kotiswar Singh, J.

1. Heard Mr. A. Jagjit, learned counsel for the petitioner in CRP(CRP Art. 227) No. 3 of 2014 and Cont. Case(C) J2 No. 2 of 2014 and for the respondent in CRP(CRP Art. 227) No. 7 of 2014 and Mr. N. Ibotombi, learned senior counsel for the respondents in CRP(CRP Art. 227) 3 of 2014 and for the petitioners in CRP(CRP Art. 227) No. 7 of 2014.

2. These petitions have been tagged and heard together as the issues involved in these petitions are inter-connected, arising out of the proceedings in Execution Case No. 2/2006/1/2013 (Ref: Original Suit No. 14/1999/7/2002) pending before the Court of Addl. District Judge (FTC), Manipur West and Civil Judge (Sr. Divn.) Bishnupur.

CRP(CRP ART. 227) NO. 3 OF 2014

3. CRP (CRP Art. 227) No. 3 of 2014 has been filed by the Moirang Primary Co-operative Marketing Society, which is the decree holder against the judgment debtors in the pending Execution Case No. 2/2006/1/2013, challenging the order dated 26.12.2013 passed by the Executing Court.

3.1. The Moirang Primary Co-operative Marketing Society, as the plaintiff, obtained a decree in O.S. No. 14/1999/7/2002 on 31.12.2004 in the Court of learned Addl. District Judge (FTC), Manipur against the present respondents of the ownership of the suit-land and building/structure standing thereon and possession of the same by evicting the defendants/respondents.

3.2. After passing of the decree, the respondents filed an application belatedly after a delay of about 270 days for setting aside the decree, which was dismissed by the Court vide order dated 29.3.2006.

3.3. The respondents instead of preferring an appeal against the said dismissal order or the decree, instituted a new suit being Original Suit No. 18 of 2006 before the Court of Civil Judge (Senior Division), Manipur West against the petitioner/Society alleging that the judgment and decree dated 31.12.2004 passed in Original Suit No. 14/1999/7/2002 was illegal and the same was obtained by practicing fraud and mis-representation. A misc. case was also filed being Judl. Misc. Case No. 79 of 2007 seeking an ad-interim injunction order for restraining execution/operation of the said judgment and decree dated 31.12.2004.

3.4. In the meantime, the Execution Case No. 2 of 2006 for executing the judgment and decree dated 31.12.2004 was taken up. The Executing Court vide order dated 20.2.2007 rejected the objection raised by the respondents/judgment-debtors for stay of the execution proceeding. The appeal preferred before Gauhati High Court, Imphal Bench in MFA No. 1 of 2007 against the said order dated 20.2.2007 was dismissed by the High Court on 10.9.2007 with a direction to the respondents to pursue the pending injunction application before the Court of Civil Judge (Senior Division), Manipur West.

3.5. However, the said Judicial Misc. Case No. 79 of 2007 for injunction pending before the Civil Judge (Senior Division), Manipur West was rejected by the learned Civil Judge on merit after hearing the parties vide order dated 11.11.2008. The appeal preferred by the respondents before the learned Addl. District Judge (FTC), Manipur West, was also dismissed on 14.3.2013 on default of appearance of the appellants.

3.6. Thereafter, the petitioner/Society filed an application being Judicial Misc. Case No. 7 of 2013 before the executing Court for proceeding with the execution case. The Executing Court vide order dated 12.8.2013 issued warrant under Order 21 Rule 35 of C.P.C. to the Bailiff of the Court directing to give possession of the suit-land and shop to the petitioner/Decree-holder on or before 9.9.2013. On the basis of the warrant, the Bailiff of the Court handed over possession of the suit-land and structure to the Decree-holder after evicting the respondents along with their belongings on 8.9.2013 at about 4.00 pm. In the report of Bailiff submitted to the Executing Court on 9.9.2013, it was mentioned that shop building and brick wall of the Judgment-debtors, namely, Smt. P. Renu & othe