AJAY KUMAR Vs. GYAN SINGH & OTHERS

JUDGEMENT

(1.) Original Suit No.44 of 1980 was decreed on 31.02.2009; R.S.A. was dismissed on 4.1.2011; Special Leave Petition was also dismissed on 29.7.2011. The fact of the matter is that in the meantime, plaintiff also filed an application for execution of the decree dated 31.2.2009.

(2.) The judgment debtor's legal heirs moved an application under Section 47 of the Code of Civil Procedure. The trial Court passed a separate order that the application instituted under Section 47 CPC shall be heard first. Feeling aggrieved by this order, decree holder filed a revision before the District Judge, Haridwar. Learned Additional District Judge, Haridwar allowed the same vide judgment dated 5.5.2016.

(3.) Now, this petition has been filed assailing the judgment dated 5.5.2016.