SHAHJAHA Vs. NAUSHAD AHMAD

JUDGEMENT

(1.) The petitioners are judgment-debtors in Execution Case No.69-A/ 2005 (Noorjaha and another v. Shahjaha and others) and the respondents are decree-holders. The trial Court delivered judgment & decree on 28-4-2011 passing a decree of declaration in favour of the respondents / plaintiffs that they are title holders of share of the suit land. It has attained finality, as it was not taken-up in the higher forum questioning that judgment & decree. Thereafter, the respondents / title holders laid an execution application on 17-5- 2017 before the executing court for delivering half of the share of the suit accommodation in which the judgment-debtors filed an objection that decree is not executable and therefore execution be rejected, as the decree is declaratory, which has been rejected by the executing court finding no merit.

(2.) Mr. Ashok Soni, learned counsel appearing for the petitioners / judgment-debtors, would submit that the executing court is absolutely unjustified in rejecting the execution application ignoring the fact that the decree passed by the trial Court on 28-4-2011 is only a declaratory decree declaring that the plaintiffs are entitled for half of the share in the suit house, therefore, it is not executable and thus, the executing court is absolutely unjustified in rejecting the application.

(3.) Mr. Rakesh Pandey, learned counsel appearing for the respondents / decree-holders, would support the impugned order.