SHARIFA BEE Vs. MAHABOOB AND ORS.

JUDGEMENT

(1.) This matter has a checkered history. Challenge in this Writ Petition (WP No. 101664 of 2016) is to the order dated 08th February 2016 passed by the executing court on I.A. No. XXXI in E.P. No. 167 of 2000. By the said order, the executing court has rejected the application filed by the judgment -debtor No. 4(a) under Sec. 47 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short 'CPC').

(2.) By filing I.A. No. XXXI, judgment -debtor No. 4(a) sought for closing the execution petition, on the ground that decree passed in O.S. No. 79 of 1995 had been fully satisfied by executing a sale deed in respect of half portion of the property belonging to judgment -debtors 4 and 5.

(3.) Connected Writ Petition No. 110500 of 2015 has been filed challenging the order dated 08th January 2015 passed on I.A. No. XXIV in the very same execution petition, thereby holding that application filed by the legal representatives of judgment -debtor No. 4(a) praying for permission to deposit balance amount of Rs. 35,000/ - towards the decreetal debt, did not merit consideration and that they had failed to make out any ground for allowing I.A. No. XXIV. The executing court has further held in the said order that the decree -holder was entitled for execution of sale deed from the legal representatives of the judgment -debtor Nos. 4 and 5 in respect of the share of judgment Nos. 4 and 5, i.e., to an extent of half share in the property as per the compromise decree which was binding only on judgment -debtor Nos. 4 and 5 insofar as their shares. Several orders have been passed by the executing court in the past.