SANDEEP AGGARWAL Vs. JAI SINGH

JUDGEMENT

(1.) The revision petition at hand seeks to assail the order dated 20.02.2013 of the executing court on the file of the execution case no.27/12 whereby the objection petition of the petitioners under Order 21 Rule 99 of the Code of Civil Procedure, 1908 was held to be time barred and therefore, not maintainable, the application to this effect of the respondent (decree holder) under Order 7 Rule 11 (d) of the CPC read with Section 3(1) and Article 128 of the Limitation Act , 1963 read with Section 151 CPC being allowed and the proceedings arising out of the execution application closed, satisfaction of the decree having been recorded.

(2.) It is an undisputed case of both sides that the execution proceedings arise out of the judgment and the decree granted on 01.08.2011 by the court of the Civil Judge in favour of the respondents on their suit (suit no.121A/02) against the parties described as Dhian Singh and others, the said case admittedly not involving the objectors as parties. A decree of possession is stated to have been granted in respect of the suit property described as plot of land admeasuring 100 x 50 situate at Block B, Plot no.1, Jhandewalan Estate behind DTC Depot, Desh Bandhu Gupta Road, Karol Bagh, New Delhi specifically shown in red colour in the site plan (Ex. PW1/9).

(3.) It is the case of the petitioner that earlier a civil suit (suit no.145/1983) had been filed by the respondents against the predecessor-in-interest of the petitioners (objectors) seeking recovery of possession and other reliefs in respect of the plot of land described as admeasuring 335 sq. yds. bearing plot no.1, Block B, behind DTC depot, Jhandewalan Estate, Desh Bandhu Gupta Road, Karol Bagh, New Delhi, which suit had come to be dismissed in default on 23.01.1998, the application for restoration of which having been later submitted also having been dismissed in default on 11.08.2000, no further proceedings having been initiated thereafter in such context.