Vijay Kumar Alias Rajkumar vs Gagan Singh And Others

Jyotsna Rewal Dua, J

The petitioner has challenged the orders passed by the learned Executing Court on 26.10.2018 and 15.03.2019, whereby warrants of possession qua the suit land had been issued against him. It is seen from the appended record that the civil suit filed by respondents No.1(a) to 1(d) was decreed in their favour by the learned Trial court on 16.08.2016. Civil Suit was for grant of permanent prohibitory injunction as well as for decree of possession of certain parcels of land. Decree holder thereafter instituted an execution petition, wherein the warrant of possession qua the decreed land was issued initially on 26.10.2018 and thereafter on 15.03.2019. Learned counsel for the petitioner submits that at the time of enforcement of the warrant of possession, the decree holder on the spot had claimed possession of land over and above that was decreed in his favour by the learned Trial Court. It is in such circumstances that the petitioner has challenged the warrants of possession issued on 26.10.2018 as well as on 15.03.2019 by way of this petition preferred under Article 227 of the Constitution of India.

Mere oral demand by the decree holder for taking possession of land over and above than was decreed in his favour, allegedly made on the spot at the time of enforcement of warrant of possession, which as per learned counsel were sent back undelivered, will not give rise to any cause of action in favour of the petitioner to institute the instant petition. The instant petition is, therefore, devoid of any merit and is dismissed as such alongwith pending miscellaneous application(s), if any.