SHANTILAL DUGAR Vs. SIDDIQUR RAHMAN

JUDGEMENT

(1.) Heard Mr. R.C. Sancheti, learned counsel for the petitioner. None has appeared for the respondent.

(2.) In this revision petition, two separate orders passed by the learned Munsiff No. 1, Nagaon in connection with T.Ex. Case No. 01/2012, i.e. the orders dtd. 20/12/2013 and 07- 01-2014 have been put under challenge. The facts of the case, in a nutshell, are as follows:-

(3.) The respondent herein, as plaintiff, had instituted T.S. No. 82/2006 in the court of Munsiff No. 1, Nagaon praying for a decree declaring his right, title and interest over the suit land and also for issuing a decree of permanent injunction. In the aforesaid suit, one Karani Das Chhajer had been impleaded as defendant No. 1 whereas the late father of the petitioner viz. Bhanwarlal Duggar was impleaded as defendant No. 2. The aforesaid suit was contested by the defendant No. 1. The suit filed by the respondent was decreed by judgment dated 29- 10-2011 passed by the trial court. The defendant No. 1 has challenged the decree dated 29- 10-2011 passed by the learned trial court by filing an appeal which is pending disposal. However, since no stay order was passed by the first appellate court, the decree dated 29-10- 2011 was put to execution in T.Ex. Case No. 01/2012. Although the defendant No. 2 did not contest the suit, his son i.e. the present petitioner had subsequently filed an application before the executing court along with copies of the death certificate issued by the Surat Municipal Corporation showing that the father of the petitioner i.e. Bhanwarlal Duggar, who is the defendant No. 2 in the suit, had died on 4/3/2009 in Surat in the State of Gujrat during the pendency of the title suit.