SANJEEV Vs. MADHUBALA & ORS

JUDGEMENT

(1.) These Execution First Appeals under Order XXI Rule 103 of the Code of Civil Procedure, 1908 (CPC) impugn the common order [dated 26th February, 2018 in Ex. No.50847/2016 & Ex. No.50849/2016 of the Court of Additional District Judge-01 (North)] of dismissal of objections filed by the appellant/s in each of these three appeals to the execution sought by the respondents/plaintiffs/decree holder (DHs) Madhubala and Dalip Singh Cheema, of the judgments and decrees [dated 16th December, 2005 in Suits No.196/2002 and 197/2002 of the Court of Additional District Judge, Delhi] and RFAs No.102/2006, 103/2006 & 104/2006 preferred whereagainst were dismissed by the Division Bench of this Court vide judgment dated 26th May, 2008 and Review Petition No.269/2008 in RFA No.102/2006 and Review Petition No.270/2018 in RFA No.104/2006 preferred whereagainst were dismissed on 7th November, 2008 and SLP(C) No.3682-3684/2009 preferred whereagainst was dismissed on 18th January, 2010.

(2.) These appeals came up first before this Court on 25th May, 2018, when the counsel for the respondents/plaintiffs/DHs Madhubala and Dalip Singh Cheema appeared on caveat. The appeals have thereafter been adjourned from time to time. Vide order dated 3rd July, 2018, though prima facie no merit was found in the appeals, but being First Appeals and the Trial Court files having not been requisitioned till then, requisitioning the Trial Court files, the hearing was adjourned to today.

(3.) The counsel for the appellant in Ex.F.As. No.20/2018 & 22/2018 and the counsel for the appellant in Ex.F.A. No.24/2018 have been heard. The counsel for the respondent No.1/plaintiff/DH Madhubala has also been heard.