ALI SHER Vs. MOHD INAM

JUDGEMENT

(1.) By means of present application under Article 227 of the Constitution of India, the applicant has prayed for the following reliefs : It is, therefore, most respectfully prayed that this Hon'ble Court be graciously pleased to direct the Executing Court, Civil Judge, (Senior Division), Saharanpur, to execute the decree passed in Suit No. 192 of 1973 and upheld by the Apex Court without entertaining and deciding any application or objection filed after 5.5.2004, when the objections filed by the respondent Nos. 2 to 8 were finally rejected, and/or to pass such and further orders as this Hon'ble Court deems fit and proper in the circumstances of the case.

(2.) The facts leading to the filing of the present application under Section 227 of the Constitution of India are that the applicant-decree holder filed a suit being suit No. 192 of 1973 against the predecessor-in-interest of the respondent Nos. 2 to 6 for specific performance of the agreement dated 4th September, 1970 for re-conveyance of the bhumidhari plot Nos. 539, 540, 541, 542, 545, 557/2 and 546, the total area of which comes 9 bighas and 10 biswas. The said suit was ultimately decreed by the appellate court vide its order dated 14th July, 1979, while deciding the appeal filed by the applicant against the order dated 29th April, 1978, by which the suit filed by the applicant was dismissed. The defendant-respondent preferred second appeal being Second Appeal No. 2841 of 1979 against the judgment and decree dated 14th July, 1979, before this Court, which was dismissed by this Court vide its order dated 19th February, 2001. During the pendency of the aforesaid second appeal, defendant-respondent Naim Khan had died leaving behind the respondent Nos. 2 to 8 as his legal representatives, who were substituted in his place.

(3.) Aggrieved by the order dated 19th February, 2001, passed by this Court, the defendant-respondent Nos. 2 to 8 filed a Special Leave to Appeal No. 13307 of 2001 Before the Hon'ble Supreme Court, which was dismissed by the Apex Court. That after the decree passed between the parties become confirmed at the level of Apex Court, the applicant-decree-holder filed an application dated 8th March, 2001 before the executing court. In rebuttal, the defendant-respondent Nos. 2 to 8 filed separate objections under Sections 47 and 151 of the Code of Civil Procedure contesting the aforesaid execution application filed by the applicant dated 8th March, 2001. The executing court rejected the objections filed by the defendant-respondent being Misc. Case Nos. 57 of 2002 and 74 of 2002, vide separate orders dated 13th May, 2002. Thereafter the judgment debtor-respondent No. 1 filed revision being Civil Revision No. 76 of 2002 against the order dated 13th May, 2002, passed in Misc. Case No. 74 of 2002 before the revisional court, but the defendant-respondent Nos. 2 to 8 did not file any revision against the order dated 13th May, 2002, passed in Misc. Case No. 57 of 2002. The revisional court vide its order dated 15th November, 2002, allowed Civil Revision No. 76 of 2002 filed by respondent No. 1 and directed the respondent Nos. 2 to 8 to execute a sale deed in respect of the plots in dispute in compliance of the alleged agreement dated 8th December, 1973 between the applicant and respondent No. 1. It further directed that in case of failure on their part, the respondent No. 1 could get the sale deed executed through Court.