GYARSIBAI Vs. RAJJO BAI

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 28.11.2011, whereby an application preferred under Order 21 Rule 16 read with Section 151 of the Code of Civil Procedure, was allowed by the court below in Case No.132A/2002 Execution.

(2.) ADMITTED facts between the parties are that a judgment and decree dated 15.6.2005 was passed by District Court, Chachoda in Civil Appeal No. 49A/2002, whereby the plaintiffs were declared "Bhumiswami " and the defendants were directed to give possession to them within two months. The said judgment and decree was challenged in Second Appeal No. 204/2005 before this Court, which was rejected on 7.9.2010. Thereafter, the decree- holders filed the case for execution of the decree. In the said execution case, an application under Order 21 Rule 16 read with Section 151 CPC was filed by the applicant (respondent No.8) stating that the suit land has been purchased by him by sale deed dated 17.11.2011 and, therefore, the applicant has a right to continue the execution proceedings and get the judgment and decree executed in his favour. It was opposed by the present petitioner.

(3.) SHRI Vilas Tikhe, learned counsel for the petitioner submits that the sale deed relied on by the applicant Ramesh Chand was a fake document. It is specifically stated in reply to the application preferred under Order 21 Rule 16 CPC that the sale deed is a doubtful and fake document and applicant has no right to get himself substituted. Another ground of challenge is that before allowing the application in question, the decree- holders have not been noticed and heard which runs contrary to the mandate of the enabling provision.