HEIRS AND LRS OF DECEASED RAVAL BHAGWANLAL DAHYALAL Vs. HEIRS OF LR.S OF DECEASED MUKUNDRAI DAHYALAL RAVAL AND 1

JUDGEMENT

(1.) The challenge before this Court under Article 227 of the Constitution of India is an order passed by the Executing Court by which, it has been held that the prayer made by the present petitioners/original plaintiffs to hand over the possession of 1/2 share of the ancestral property can not be executed since the same is beyond the decree passed by the Civil Court.

(2.) The brief facts arise from the record are as under:

(3.) Mr. Pranav Dave, learned advocate for Mr. Umesh Trivedi, learned advocate appearing for the petitioners has vehemently submitted that the defendant No. 2, who has purchased the property, was joined as defendant in the suit proceeding. By taking me through the issues framed in the civil suit, he would submit that specific finding has been arrived at by the learned Civil Court, by which, it has been declared that the defendant No. 2 is bonafide purchaser. He would further submit that the defendant No. 2 filed Regular Civil Appeal No. 13 of 1994 in the Court of learned District Judge, Surendranagar, which came to be dismissed and thereafter, defendant No. 2 filed Second Appeal No. 163 of 1996 before this Court, which also came to be dismissed by this Court by judgement and order dated 14.12.2001. He would further submit that the present petitioners original plaintiffs preferred execution application, which came to be dismissed by the trial Court by arriving at the conclusion that the prayers made in the execution application is beyond the decree passed by the competent Civil Court. He, therefore, prayed that the present petition be allowed and the order dated 14.11.2005 passed by the learned Civil Judge (J.D.) Wadhwan below Exh. 1 in Execution Application No. 21 of 2002 be quashed and set aside.