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Judgment
Sanjay Kumar, CJ
Heard Mr. Th. Mahira, learned counsel for the petitioners.
Notice to the respondents, returnable on 10-02-2023.
Steps shall be taken to effect service of notice upon the respondents by speed post for the date fixed and proof of such service shall be filed.
Perusal of the order dated 06-01-2023, presently under revision, passed by the learned Civil Judge (Junior Division), Thoubal, in Judl. Misc. Case No. 2 of 2023 (Ref: Execution Case No. 2 of 2019) reflects that the judgment of the Supreme Court in Brahmdeo Chaudhury vs. Rishikesh Prasad Jaiswal & Anr [(1997) 3 SCC 694] was not taken note of, though it was specifically referred to by the petitioners in their application. In terms of the law laid down therein, it would not be necessary for a third party in possession to suffer actual dispossession before he approaches the Court against a threat to his possession. The Supreme Court held to the effect that such a person would be entitled to invoke the jurisdiction of the Executing Court under Order 21 Rule 97 CPC and he need not avail the remedy under
Order 21 Rule 99 CPC only after being dispossessed. As this aspect of the matter has not even been considered by the Executing Court, there shall be stay of further proceedings in Execution Case No. 2 of 2019 on the file of the learned Civil Judge (Junior Division), Thoubal, till the next date of hearing.
Post on 10-02-2023.