JINENDER KUMAR Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant aggrieved of the order dated 28.07.2010 whereby the objections filed by the appellant to the execution of the final decree passed in favour of the respondents on 09.08.1982 which decree was also confirmed by this Court vide its order dated 26.11.2009 have been rejected under Order VII Rule 11 CPC. The learned ADJ has taken note of the plea of the parties on law as well as on facts in the impugned order.

(2.) BEFORE the learned ADJ, the respondents had opposed the objections filed by the appellant both on facts as well as in law. The averments made by the respondents have been taken note of by the learned ADJ in paragraph 5 and 6 of the impugned order which are reproduced hereunder:

(3.) IN their written synopsis, the appellants while admitting filing of a suit by Jaswant Singh for partition registered as Suit No.518/1957 wherein while the trial Court dismissed the petition but the RFA filed by Sh. Jaswant Singh was allowed and a preliminary decree was passed also admitted that a final decree was passed in the aforesaid matter on 09.08.1982 taking into consideration the report of the local commissioner and hearing the objections of the defendants who include the predecessor of the appellant. As per the final decree, for the purpose of possession of the property, it was demarcated as ABCD and EFGH in the site plan Ex.C-1 as well as C-1/A. The appellants also admit that thereafter two appeals which were filed against the final decree being RFA No.260/1982 and RFA No.281/1982 by the predecessor in interest of the objectors were also dismissed vide common judgment dated 26.09.2009 and it is thereafter, the execution petition was filed.