DIDAR SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) THIS petition impugns an order dated 15.4.2013 whereby the Executing Court, on the objection of the respondent, has framed the following issue:

(2.) THE petitioner's case is that the suit was decreed in his favour vide judgement and decree dated 31.5.2005 in Suit No.463/1996. It had attained finality since the appeal against the said order was dismissed by this Court. The respondents/objectors' claim was based upon the same documents, which had already been dealt with in the earlier proceedings; that the appeal against the judgement and decree dated 31.5.2005 was confirmed in appeal by the order of the Appellate Court on 21.5.2008; that the warrants of possession for plot/property No.144 in khasra No.13/23, Guru Nanak Nagar Post Office, Tilak Nagar, Delhi were resisted by the occupants, hence it could not be executed. The three suits filed by the occupants/respondent Nos.1 to 3 were dismissed on the ground that all questions had already been decided by the executing court and their separate objections/applications before the executing/Trial Court was also dismissed on 26.9.2011; the CM (Main) preferred by the respondents against the said order was subsequently withdrawn by them on 4.1.2012.

(3.) MR . Sanjiv Bahl,the learned counsel for the petitioner, submitted that respondent No.2 preferred CM (M) No.904/2012; that the impugned order was passed despite being the matter pending before this Court, hence it ought not to have passed the impugned order and indeed went beyond the jurisdiction vested in it by law. He submits that after the judgement and decree had attained finality the executing court had no jurisdiction to frame the issue which it did, accordingly he submits that the impugned order suffers from material irregularity and ought to be set aside.