Mahesh Kodwani vs Iqubal Singh Budhreja
2021 Latest Caselaw 3667 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                           CR No. 50 of 2021
             Mahesh Kodwani Versus Iqubal Singh Budhreja


13.12.2021         Shri Sudeep Johri, counsel for the applicant/petitioner.

                   Shri Shobhit Mishra, counsel for Non-applicant No.1.

                   Aruments heard finally.

                   Order dictated in open Court.      Passed, signed and

             dated separately.                               Sd/-

                                                      (Sanjay S. Agrawal)
                                                            Judge




 Anjani
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                                                                       NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR

                             CR No. 50 of 2021

      Mahesh Kodwani S/o Shri Deepak Kodwani Aged About 28 Years R/o
       Behind Dr. Vadhwani Nursing Home, Katora Talab, Raipur, Tahsil And
       District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
                                                               ---- Petitioner
                                   Versus
     1. Iqubal Singh Budhreja S/o Late Chunnilal Budhreja Aged About 93
        Years R/o House No. 9, New Panchsheel Nagar, Civil Lines, Thana
        Civil Lines, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
     2. Smt. Vidhya Devi Kodwani W/o Late Shri Chetan Das Kodwani R/o
        Behind Dr. Vadhwani Nursing Home, Katora Talab, Raipur, Tahsil And
        District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
     3. Shri Hasanand Kodwani S/o Late Shri Chetan Das Kodwani Aged
        About 45 Years R/o Behind Dr. Vadhwani Nursing Home, Katora Talab,
        Raipur, Tahsil And District Raipur, Chhattisgarh, District : Raipur,
        Chhattisgarh
                                                            ---- Respondents

______________________________________________________________ For Petitioner: Shri Sudeep Johri, Advocate.

For Respondent No.1: Shri Shobhit Mishra, Advocate.

Single Bench: Hon'ble Shri Sanjay S. Agrawal, J Order On Board

13/12/2021

1. Challenge to this petition under Section 115 of the Code of Civil

Procedure, 1908 (hereinafter referred to as the 'CPC) is the order dated

06.10.2021 passed by the Executing Court in Execution Case No. 731/17,

whereby the application filed by the Petitioner under Section 151 CPC praying

for not to issue the possession warrant with regard to the property purchased

by him under the registered deed of sale dated 10.09.2013, has been rejected.

2. Shri Sudeep Johri, learned counsel appearing for the Petitioner, while

furnishing the copy of registered deed of sale dated 10.09.2013 (Annexure

A/2), submits that since the Petitioner has purchased the shop constructed

over 120 square feet of land situated at Kh.No.17/1, therefore, the Court below

has erred in passing the order impugned while rejecting the application filed in

this regard under Section 151 CPC. It is contended further that since the

alleged property was purchased by the Petitioner much prior to passing of the

decree dated 02.12.2016 (Annexure A/3), therefore, the possession warrant in

relation to the property held by him ought not to have been issued. Having

failed to consider the alleged registered deed of sale in its proper manner, the

Court below has committed an illegality in issuing the possession warrant as

such. The order impugned is, therefore, liable to be set aside.

3. On the other hand, Shri Shobhit Mishra, learned counsel appearing for

the respondent No.1/decree holder has supported the order impugned as

passed by the Court below.

4. I have heard learned counsel appearing for the parties and perused the

entire papers annexed with this petition carefully.

5. From perusal of the alleged registered deed of sale (Annexure A/2)

dated 10.09.2013, purported to have been executed by the judgment-debtors,

namely Smt. Vidya Devi and Hasanand Kodwani in favour of the Petitioner -

Mahesh Kodwani, would show that the Municipal House No. 42/876 situated at

Kh.No.17/1 total admeasuring 516 square feet (47.95 square meter) was held

by them and out of it, a shop constructed over 120 square feet of land alone

was sold and it appears further that after due consideration of the alleged sale,

the Executing Court has directed for the issuance of possession warrant with

regard to the shop constructed with 135 square feet of land, which is distinct

from the alleged property held by the Petitioner.

6. In view thereof, I do not find any infirmity in the order impugned so as to

call for any interference in this petition. The Revision Petition is accordingly

dismissed at admission stage itself. No order as to costs.

Sd/-

(Sanjay S. Agrawal) JUDGE

Anjani