BALRAJ Vs. NATHU RAM AND ORS

JUDGEMENT

(1.) Balraj has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 15.03.2010 (Annexure P- 2), passed by the Executing Court i.e. learned Civil Judge (Junior Division), Jalandhar, thereby dismissing objections filed by the petitioner in execution petition instituted by respondent No. 1 Nathu Ram - decree-holder against respondents No. 2 and 3 - judgment-debtors.

(2.) Vide judgment and decree dated 30.11.1998, suit filed by respondent No. 1 against respondents No. 2 and 3 for possession of the suit property was decreed. The said decree was upheld in first appeal vide judgment and decree dated 06.05.2003. Thereafter, respondent No. 1 - decree-holder filed execution petition on 16.07.2004. However, unfortunately, as is bane of our legal system, decree-holder has not been able to obtain possession of the suit property for almost six years since the filing of the execution petition. More than 11 years have passed since the passing of decree by the trial court. Various objections are being raised to stall the execution. In the same series, the petitioner also filed objections claiming to be in possession of the suit property. It was alleged that the suit property belongs to Cantonment Board and therefore, decree-holder respondent No. 1 has no right to seek possession of the suit property in execution of the decree. Objections preferred by the petitioner have been dismissed by the Executing Court by passing impugned order (Annexure P-2), which is under challenge in the instant revision petition.

(3.) I have heard learned Counsel for the petitioner and perused the case file.