MUSHEER ALAM Vs. RAMESH AND ORS.

JUDGEMENT

(1.) The petitioner, who is a judgment debtor in Original Suit No.21 of 1985, preferred objections under Section 47 C.P.C. against execution of the decree, inter alia, on the ground that the decree passed by the trial court is declaratory in nature and is incapable of being executed.

(2.) The objection filed by the petitioner was rejected by the executing court by an order dated 8.4.2015 and the revision filed against the said order has also been dismissed by order dated 31.8.2015. These orders are under challenge in the instant petition.

(3.) The only submission made by learned counsel for the petitioner is that the decree passed in the suit is a declaratory decree, thus incapable of being executed by delivering actual physical possession to the plaintiffs as sought for in the execution proceedings.