HARI SINGH Vs. SUDHIR SINGH

JUDGEMENT

(1.) This revision application under Section 115 of the Code of Civil Procedure has been filed by the applicants against the order dated 30.4.2004 passed by learned Executing Court dismissing the execution application being satisfied in its full satisfaction.

(2.) Gopal Singh (respondent No.3), Harisingh (applicant No.1) and Smt. Kusum Bai (respondent No.4) filed a suit for possession in respect to certain immovable property on the basis of title and also for injunction. This suit was filed against Suresh Singh, Sudhir Singh and Smt. Ahilya Bai. The suit was decreed on 12.4.1988 and a joint decree of possession and injunction was passed against all the defendants. In appeal the said decree was affirmed and second appeal No.341/1996 was also dismissed by this Court on 19.8.1996. Thereafter, the decree was put to execution. In the execution proceedings the name of judgment debtor No.2 Ahilya Bai widow of Narayan was deleted and in her place names of present applicants No.2 to 5 were added as judgment debtors.

(3.) An application under Order XXI Rule 2 CPC was submitted by judgment debtors Sudhir Singh (respondent No.1) and Shashikala Bai (respondent No.2) that they have handed over the vacant possession of Block No.1 and 2, Well, Badi and open courtyard to the decree holders Gopal Singh and Kusum Bai and now the judgment debtors Sudhir Singh and Shashikala are not required to hand over possession of any portion of the decreetal immovable property to decree holders Gopal Singh and Kusum Bai and therefore, it has been prayed that because decree has been fully satisfied the same be dismissed in its full satisfaction.