RAJENDRA KUMAR Vs. KAMLADEVI

JUDGEMENT

(1.) With the consent of both the parties, the matter is being heard finally at the motion stage.

(2.) The applicants have filed this civil revision under Section 115 of CPC being aggrieved by the order dated 6.1.2016 passed by the court of Additional Judge to the court of Civil Judge Class - I Sabalgarh dismissing the objection filed by them.

(3.) Learned counsel for the applicants submits that vide order dated 30.11.2015 passed by this Court in C.R. No. 118/2013, the learned trial court was directed to decide the objections filed by them by speaking order but learned trial court has not given specific findings as regard to objections filed by the applicants. Counsel further argues that the trial court has no right to go beyond the decree passed by the same but in this matter the trial court is executing the decree beyond its jurisdiction because no decree was passed by the trial court for giving possession to the respondent, hence the order passed by the trial court be set aside. In support of his contentions learned counsel has placed reliance upon the judgment rendered by the Hon'ble Apex Court in the case of Bhawarlal Bhandari vs. Universal Heavy Mechanical Lifting Enterprises reported in 1998 Legal Eagle (SC) 1121.