JAHID KHAN Vs. SURESH CHAND JAIN

JUDGEMENT

(1.) PETITIONERS are resisting the execution of the decree passed in Original Suit No. 221 of 1983 which has become final on the ground that their shops exist on the disputed land and since they were not party to the suit, the said shops can not be demolished and they are not liable for eviction therefrom. The objections of the petitioners to the execution of the decree preferred under Order 21 Rule 98 CPC were rejected as not maintainable and their appeal under Rule 103 of Order 21 CPC has also been dismissed.

(2.) THE above two orders dated 24.5.2012 and 29.5.2012 have been impugned in this writ petition.

(3.) THE basic submission of the learned counsel for the petitioners is that the courts below are not justified in rejecting the objections of the petitioners as not maintainable. The petitioners can not be evicted from their shops and it can not be demolished pursuant to the decree. The decree is not binding upon them as they are not party to it and are not claiming any rights through the judgment debtors of the said decree. The contention from the other side is that the decree has attained finality and has to be executed in the form it exits. The petitioners have failed to disclose the manner in which they have acquired rights over any part of the suit property. Their remedy, if any, lies in making application under Rule 99 of Order 21 CPC if at all they are dispossessed illegally in the execution proceedings and the objections on their behalf under Rule 97 of Order 21 are not maintainable.