KAILASH KUMAR PALIWAL Vs. UMESH KUMAR PALIWAL

JUDGEMENT

(1.) Petitioner takes exception to the order-dated 20.3.2014 passed in an Execution Case No.6A/1998; whereby, the trial Court rejected the objection raised by the petitioner vide application under section 54 of the Code of Civil Procedure, 1908.

(2.) Grievance of the petitioner is that though the execution proceedings were initiated by the petitioner by filing an application under section 47 CPC; wherein, while raising objection as to executability of the compromise decree, the petitioner sought quashment of the report submitted by the Tahsildar. The trial Court, it is urged, without dwelling on the said application and by rejecting the application under section 54 CPC filed at later stage, consigned the case to record room.

(3.) Relevant facts lie in a narrow compass. That, petitioner and respondent No.1 filed a suit for declaration that the suit property situated at Village Sangakheda Tahsil Babai District Hoshangabad bearing Khasra No.72 Area 13.55 acre, Khasra No.79 Area 81/2 Area 13.58 acre, Khasra No.107/2 Area 1 acre, Khasra No.107/1 Area 11.10 Acre, Khasra No.193/3 Area 14.08 acre, Khasra No.245/1-Ka Area 0.80 Acre, Khasra No.245/2 Area 2.10 acre and Khasra No.251/1 Area 0.08 acre, total Area 59.23 acres, is a joint family property of the plaintiffs and respondents No.2 and 3, who were arrayed as defendants No.1 and 2. And, for permanent injunction that defendants No.1 and 2 be prohibited from causing any interference in cultivation carried out by the plaintiffs and from alienating the property. The suit was registered as Civil Suit No.6A/1996.