GAURI SHANKAR Vs. HARI SHANKAR @ NANU & ANR

JUDGEMENT

(1.) Caveat No.801/2014

(2.) The challenge by means of this execution first appeal is to the order of the trial court dated 21.7.2014 by which objections filed by the petitioner/objector challenging execution of the judgment and decree passed by the civil court dated 31.5.2010, and confirmed in the first appeal by this Court on 22.9.2011, have been dismissed.

(3.) The facts of the case are that the respondent no.1 herein had filed a suit for partition against his brother- the respondent no.2 herein, with respect to the property bearing no.6178-80, Gali Shiv Mandir, Fatehpuri, Delhi-110006. A preliminary decree was passed on 8.12.2005 declaring the share of respondent no.1/plaintiff as 4/5th and that of respondent no.2/defendant as 1/5th. An appeal against the preliminary decree filed by the respondent no.2 herein (defendant in the suit) was dismissed by this Court in RFA No. 657/2006 vide judgment dated 24.5.2007. Thereafter, a final decree for partition was passed on 31.5.2010 and which too was again challenged in an appeal before this Court by the respondent no.2, and this appeal being RFA No.462/2010 titled as Shiv Shanker Vs. Hari Shankar @ Nanu was also dismissed by this Court by confirming the shares as per the preliminary decree but changing the portions of the suit property which were to fall inter-se the respondents, and who were the parties to the suit for partition. This judgment and decree passed by the High Court dated 22.9.2011 became final and the same was thereafter sought to be executed by the respondent no.1/decree holder, and in which execution proceedings, the petitioner who is the son of the respondent no.2 herein, filed the subject objections which have been dismissed by the executing court.