WAHID Vs. MOHD ANWAR

JUDGEMENT

(1.) THE only question involved in this appeal at this stage is, Whether an appeal or a revision is maintainable against the order passed in execution of ejectment decree passed by the court of Small Causes on the objection filed by a third party. It arises on the following facts.

(2.) THE pedigree of Wahid (the Appellant), without the unnecessary names, is as follows :

(3.) J.S.C.C. Suit No. 6 of 2000 was decreed ex parte on 30.4.2001. The plaintiff-respondent filed an application to execute the decree. It was numbered as Execution Case No. 13 of 2001. In this Execution Nabi Bux (one of the plaintiff in O.S. No. 118 of 1983) filed objection in 2003. During pendency of this objection, Nabi Bux also filed O.S. No. 406 of 2003 for declaration that he is owner of the property in dispute. This suit is still pending.