Sita Ram vs Girdhari
2021 Latest Caselaw 10804 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11022/2020

Sita Ram S/o Shri Prahbu Ram, Aged About 56 Years, By Caste Kumhar, Resident Of Village Rohisi Tehsil Merta District Nagaur.

----Petitioner Versus

1. Girdhari S/o Prabhu Ram, By Caste Jat, Resident Of Village Rohisi, Tehsil Merta District Nagaur.

2. Siya Ram S/o Sukha Ram, By Caste Jat, Resident Of Village Rohisi, Tehsil Merta District Nagaur.

3. Gokal Ram S/o Prabhu Ram, By Caste Jat, Resident Of Village Rohisi, Tehsil Merta District Nagaur.

                                                                      ----Respondents


For Petitioner(s)             :     Mr. Ram Prakash



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                                         Order

14/07/2021

This writ petition is filed by the petitioner being aggrieved

with the order dated 07.01.2016 passed by the Additional Civil

Judge, Merta in Execution Proceedings Case No.38/2014

(05/2011) whereby, the application filed by the petitioner under

Section 151 CPC, with a prayer that a direction may be issued to

handover the possession of the land in question to the petitioner

as per the decree passed by the Civil Court and affirmed by the

appellate court, has been dismissed.

The appeal preferred by the petitioner against the order

dated 07.01.2016 has been rejected by the Additional District

Judge, Merta while treating it as not maintainable. Thus, the

petitioner has filed a Civil Suit in the court of the Civil Judge,

(2 of 3) [CW-11022/2020]

Merta for permanent injunction and for possession of the plot,

alleged to have been encroached by the defendants. The Suit filed

by the petitioner was decreed vide judgment dated 10.03.2004

passed by the Civil Judge, Merta and the appeal preferred by the

defendants in the court of the District Judge, Merta has also been

dismissed on 17.03.2011.

The petitioner has filed execution proceedings before the

Civil Judge, Merta and the Executive Court has ordered for

execution of the decree dated 10.03.2004. Pursuant to the order

of the Executive Court, Sale Ameen has prepared a report that

the possession of the disputed land has been handed over to the

petitioner as per the decree dated 10.3.2004. Later on, the

petitioner has moved an application under Section 151 CPC before

the Executive Court with the contention that the possession of the

land has not been handed over to him as per the decree of the

Civil Court, therefore, a direction may be issued to handover the

land in question to the petitioner as per the decree. The Executive

Court after hearing counsel for the parties and after going

through the Report dated 25.08.2015 prepared by Sale Ameen

has come to the conclusion that the possession of the plot was

handed over to the petitioner as per the decree of Civil Court and

the report of the Sale Ameen is also signed by the petitioner as

well as the defendants and the police personnel. The Executive

Court has held that there is no basis to grant any relief to the

petitioner on the application under Section 151 CPC.

Having heard learned counsel for the petitioner and after

going through the material available on record, I do not find any

illegality in the impugned order.

Hence, this writ petition is dismissed.

(3 of 3) [CW-11022/2020]

Stay petition is also stands disposed of.

(VIJAY BISHNOI),J

5-mohit/pratibha/2-

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