JAHIRUDDIN Vs. JAHIDA AND 2 OTHERS

JUDGEMENT

(1.) An SCC suit being J.S.C.C. Suit No. 22 of 1999 was filed for the eviction of one Akhtari Begum. The suit was decreed on 7.9.2004. For the execution of decree an execution case being Execution Case No. 15 of 2011 was filed by the respondent. In that Execution Case, the petitioner filed an application under Order XXI Rules 97, 99 and 100 of the C.P.C. read with Section 151 of the CPC. This application of the petitioner was dismissed on 26.10.2017 against which order a Revision was filed being Revision No. 58 of 2017. When the Revision was dismissed on 20.11.2017, the instant petition under Article 227 of the Constitution of India was filed.

(2.) Learned counsel for the petitioner has made the following submissions:-

(3.) Learned counsel for the respondents, however, in reply stated that when the judgement and order of the High Court dated 18.3.2004 passed in Writ C No. 10268 of 2004 had directed the petitioner to file a suit and when the suit itself was dismissed by the Trial Court on 12.7.2012 then the petitioner had absolutely no right to obstruct the execution of the judgement and decree dated 7.9.2004. Learned counsel for the respondents further submitted that when Akhtari Begum had not contested and a decree had been passed against her then there should be absolutely no hindrance in the way of the Executing Court in executing the decree. Learned counsel for the answering respondents also submitted that the decree passed in the suit amounted to res judicata and could not be challenged in subsequent proceedings under Rules 21, 97, 99 and 101. In this regard, learned counsel for the respondents relied upon U.P. State Road Transport Corporation vs. State of U.P. And another.,2005 ACJ 723