Document Fragment View

Matching Fragments

Thereafter, on 7.10.2003, the decree-holders filed an application under Order 21 Rule 35 CPC for taking possession of the shop in question before the learned Civil Judge, Sri Ganganagar and that application was treated as execution application being No. 18/2003.
During the execution proceedings, the Executing Court issued a warrant for possession of the shop in question in favour of the decree holders on 7.10.2003, but that warrant could not be executed because of the resistance made by the obstructer. The Nazir of the Court made a report on 14.10.2003 that execution of the decree in question could not be made and possession of the shop in question could not be delivered to the decree holders without the help of the police and therefore, Nazir sought help of the police for executing the decree in question, which was passed in favour of the decree holders. Not only this, Nazir in his report further observed that when he went to take possession of the shop in question, that was resisted by obstructer and one Bhajan Singh. Apart from this, the decree holders also moved an application on 14.10.2003 seeking police help as the obstructer was making resistance in the execution of the decree in question.
On the same day i.e. on 14.10.2003, an application under Order 21 Rule 97 CPC was filed by the obstructer before the learned Civil Judge, Sri Ganganagar stating inter-alia that he was the owner of the shop in question and the possession of the shop in question was with him for the last 12 years and therefore, enquiry be got conducted as provided in Order 21 Rule 97 onwards of CPC.
On the application of the obstructer dated 14.10.2003, the Court did not pass any order and it was posted for passing orders on 1.11.2003, but in execution file, an order was made by the Executing Court on 14.10.2003 that for execution of decree in question, police help be sought and issued a fresh warrant of possession in favour of the decree holders.
Aggrieved from the order dated 14.10.2003 passed by the Executing Court (learned Civil Judge (SD), Sri Ganganagar) ordering to take police help for execution of decree in question and treating that his application under 21 Rule 97 CPC was deemed to have been dismissed, the obstructer has filed an appeal being No. 80/03 before the learned District Judge, Sri Ganganagar and that appeal was allowed by the learned District Judge, Sri Ganganagar through judgment dated 16.1.2004 and set aside the order dated 14.10.2003 passed by the Executing Court (learned Civil Judge (SD), Sri Ganganagar) and directed the Executing Court to make enquiry under Order 21 Rules 97 to 106 CPC and decide the application filed by the obstructer under the provisions of Order 21 Rule 97 CPC in accordance with law, after giving opportunity of hearing to both the parties.

9. There is also no dispute on the point that in the execution proceedings, when the Nazir of the Court went to take possession of the shop in question, that was resisted by the obstructer and not only this, the obstructer filed an application under Order 21 Rule 97 CPC on 14.10.2003 before the Executing Court in which he has stated that he was the owner of the shop in question,

10. There is also no dispute on the point that on 14.10.2003 on the request of the Nazir of the Court, orders for police help were passed so that decree holders could get the possession of the shop in question.