RANCHHOD Vs. HUKUMJI

JUDGEMENT

(1.) This Second Appeal under section 100 of the CivilProcedure Code has been filed against the judgment dated 14th November, 2007,passed by the Court of First Additional Distt. Judge, West Nimar, Mandleshwar,in Regular First Appeal No. 20-A/05, dismissing the appeal and affirming thejudgment of the trial Court.

(2.) Brief facts are that the appellants had filed suit for declaration in respectof agricultural land, Survey No. 355 area 5.66 acres. The respondent No. 1-Hukmaji had, filed counter claim in the suit, which was decided by the judgmentdated 16-3-2002, holding the respondent No. 1 entitled for possession of suit landand Mesne profit of Rs. 2000/-. The first appeal by the appellants was rejected on26-4-2003 and the Second Appeal was dismissed on 14-11-2003. The respondentNo. 1 applied for execution of the decree in which the appellants filed objectionunder Order 21, Rule 97 of the Civil Procedure Code. The Executing Court byorder dated 1-4-2005 while rejecting the objection held that the judgment-debtorhad, no right to file the objection and that during the pendency of suit he had notraised objection relating to identity of the property.. The First Appeal preferred bythe appellants/judgment-debtor has been dismissed by the impugned judgment,holding that the appellants are not a third party, therefore, they have no right tofile objection under Order 21, Rule 97 of the Civil Procedure Code.

(3.) This Court by order dated 5-8-2008 had admitted the appeal on thefollowing substantial question of law :-