JANNAT Vs. VIITH ADDL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) -Heard learned counsel for the petitioners. No one appeared on behalf of the respondents at the time of arguments.

(2.) O.S. No. 434 of 1962 was instituted by Sharda Devi and Triloki Nath both minors through their guardian Bidha Ram against Karim Bux predecessor in interest of the petitioners. The suit was decreed on 27.1.1966 for recovery of Rs. 2,950. For execution of the said decree proceedings were initiated and house of Karim Bux was auctioned on 27.4.1967. According to the petitioners, auction purchaser in the said auction was Sharda Devi minor through her guardian Bidha Ram (by that time Triloki Nath had died). Thereafter Sharda Devi appears to have compromised the matter with the petitioners. Sale was confirmed on 12.12.1970. Application for possession was filed by Bidha Ram respondent No. 4 the auction purchaser on 10.11.1974. At that stage petitioners filed objections before the executing court. The matter was registered as Misc. Case No. 327 of 1973. Munsif Agra through order dated 24.4.1976 rejected the objections of the petitioners and directed that execution for delivery of possession be proceeded and through the same order compromise in between the petitioners and Sharda Devi was set aside. Against the said order, petitioners filed Civil Revision No. 134 of 1976. VIIth Additional District Judge, Agra, through judgment and order dated 9.3.1983, dismissed the revision hence this writ petition.

(3.) ACCORDINGLY there is no merit in the first point hence it is rejected.