AKILA SULTAN Vs. RATANLAL KOTHARI

JUDGEMENT

(1.) The appellants have preferred the present first appeal against the order dated 7.9.2012 passed by the learned Third Additional District Judge, Bhopal in civil suit No.10- A/2012, whereby the suit was dismissed with the direction that it was not maintainable.

(2.) The facts of the case, in short, is that, one Ratanlal Kothari had prosecuted a civil suit for recovery of some amount against Matin Mohd. A money decree of Rs.99,994/- was passed. In the meantime, Ratanlal Kothari as well as Matin Mohd. had expired and therefore, an execution proceeding was initiated by LRs of Ratanlal Kothari. During the execution proceeding, the suit property was auctioned and it was purchased by the respondent No.3 Omprakash Lakhera. In execution proceeding, it was mentioned that possession was given to the respondent No.3 and decree holder had received the entire decree amount and therefore, decree was satisfied. The appellants are legal representatives of late Mr.Khalil Ahmad. Actually, the house which was auctioned was not of Matin Mohd. but, it was purchased by Khalil Ahmad and Shri Khalil Ahmad raised various objections in the execution proceeding but, those were dismissed. Ultimately, the applicants have submitted a civil suit by claiming declaration of their title and to declare the various orders passed by the learned 6th Additional District Judge, Bhopal and 10th Additional District Judge, Bhopal to be illegal. The respondent No.3 has moved an application under Order VII Rule 11 of CPC that the legal pronouncement done by the learned Additional District Judges could not be directed to be illegal in subsequent suit and therefore the suit was not maintainable. Consequently, the learned 3rd Additional District Judge, Bhopal dismissed the suit being not maintainable.

(3.) I have heard the learned counsel for the parties at length.