The petitioner, who is a decree-holder, has laid this writ petition under Articles 226 & 227 of the Constitution of India for seeking direction against the fourth respondent, learned Civil Judge (Junior Division), Sardarsahar, District Churu, for executing warrant of possession issued by it on 18th April, 2013 in Execution Case No. 2/2008 in accordance with law.
Learned counsel for the petitioner has made endeavour to apprise this Court about certain developments which have taken place after passing of order dated 18 April, 2103. According to the submissions of the learned counsel for the petitioner, the Assistant Nazir is hand in gloves with the judgment-debtor, and therefore, he is not inclined to execute the warrant of possession and that being so he is avoiding the execution of order dated 18 April, 2013 on one pretext or other. Learned counsel for the petitioner has also submitted that despite making sincere efforts by the decree-holder, the requisite proceedings are not being undertaken by the learned Court below. The facts of the case are glaring and it is really a matter of grave concern that the learned executing Court has not taken requisite steps for execution of warrant of possession.
Taking into account the peculiar facts and circumstances of the case, I deem it just and appropriate to direct the learned executing Court to take appropriate steps and to pass necessary orders for execution of warrant of possession before the next date of hearing in the execution proceedings i.e, 27 May, 2013.
For execution of the warrant of possession, the learned executing Court can depute any other official other than Assistant Nazir.
Accordingly, the writ petition is disposed of.