VIJAY SOOD Vs. KANAK DEVI AND ORS.

JUDGEMENT

(1.) This civil revision under Sec. 115 CPC at the instance of the judgment -debtor, Vijay Sood s/o late J.N. Sood against the order dated 30/11/2015 whereby the trial Court has overruled the objections raised against execution of the decree dated 27/02/2015 in civil suit No. 200A/2014 and has posted the case for further orders on application under Order XXVI rule 13 & 14 read with Sec. 151 CPC filed by the decree -holder and Order XXI rule 26 read with Sec. 151 CPC filed by the judgment -debtor No. 2, on the next date of hearing mentioned thereunder.

(2.) The case in hand has a chequered history. Facts relevant and necessary for disposal of this writ petition are to the effect; suit house No. 2/120 new No. 23/61is situated in Chick Santer Morar, District Gwalior; is self acquired property of Late Durgaprasad. Genealogy of Durgaprasad is as follows: - -

(3.) Jainarayan had filed suit for declaration and injunction vide civil suit No. 36A/1991 that he is exclusive owner of the suit house; on the premise that there was a memorandum partition drawn by late Durgaprasad between Jainarayan and his brother Satyanarayan, on 25/02/1949. The trial Court dismissed the suit vide the judgment and decree dated 15/10/1992.