POORANLAL Vs. SMT. MEENA LAKHERA

JUDGEMENT

(1.) This civil revision filed under Section 115 of the Code of Civil Procedure is directed against the order dated 31.1.2009 Annexure A-1 whereby the application preferred by the applicant/judgment debtor no.2 dated 13.8.2008 is rejected by the court below.

(2.) Learned counsel for the applicant fairly submits that the trial court in Civil Suit No.241-A/1989 passed its judgment on 15.3.1990 Annexure A-3. The said judgment in absence of any further challenge, had attained finality. In obedience of the said judgment, the possession of suit property was handed over to the decree holder. Reliance is placed on the order dated 3.12.1993 Annexure A-5. It is submitted that only amount of cost was required to be paid as per the said judgment which is evident from the order dated 4.4.1994.

(3.) Learned counsel for the applicant submits that after handing over possession of the suit land, nothing remains to be executed, yet decree holder filed another application under Section 151 of the Code of Civil Procedure on 13.8.2008 and prayed for execution of the same decree. The present applicant filed yet another application under Section 151 of the Code of Civil Procedure on 13.8.2008 and raised objection regarding reopening of the execution proceedings. The main ground of objection was that once the possession of land has been given which is clear from the order dated 3.12.1993, the question of further execution of decree does not arise.