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Judgment
V. Gopala Gowda, J.—The judgment debtor has questioned the legality and validity of the order passed by the Executing Court issuing
delivery warrant for delivery of possession of the property and is seeking to set aside the same.
The decree holder filed the execution petition seeking delivery of possession of balance of the property in respect of which eviction had been
ordered in H.R.C. No. 2958/83. The eviction order was confirmed by this Court in H.R.R.P. No. 5357/88 granting one year time to vacate the
schedule premises. While the Judgment Debtor asserted that he has handed over the entire portion of schedule premises on 23-7-1995, the decree
holder alleges that possession of an extent of 10 x 30"" is not at all delivered. The Executing Court considered the rival pleas of the parties and
issued delivery warrant.
Since the judgment debtor categorically asserts that entire property had been delivered, it should not have been aggrieved by the delivery
warrant issued by the Executing Court. If really entire property is delivered as asserted, the judgment debtor should not be in possession of any
portion of the schedule property. In such an event, even if the delivery warrant is executed, nothing will happen to the judgment debtor as it is
already out of possession of the schedule property. No harm, injury or prejudice would be caused to it. If the assertion of the judgment debtor
were to be true, this revision petition should not have been filed challenging the order issuing delivery warrant. When the specific assertion is that
entire property had been delivered to the decree holders, there was no occasion for the judgment debtor to continue the litigation. If the Decree
Holders want to execute the delivery warrant against any person in occupation or possession of any portion of the schedule property, judgment
debtor having delivered entire property should allow the decree holders to have full satisfaction of the decree for eviction obtained by them. If there
is delivery of entire schedule property to the decree holders, this Court fail to understand for what purpose this revision petition is filed seeking
setting aside the delivery warrant issued by the Executing Court. On the admitted facts, this revision petition is wholly unnecessary and liable to be
dismissed in limine.
Accordingly, the revision petition is dismissed.