KANWAR SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) Kanwar Singh Objector has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 28.07.2005 passed by the Executing Court i.e. learned Additional Civil Judge (Senior Division), Charkhi Dadri thereby dismissing the objections filed by the petitioner in execution petition instituted by decree holder Bhagwan Singh respondent no.1 against judgment debtor Rajinder Parshad respondent no. 2.

(2.) Respondent no. 1 filed suit for recovery against respondent no.2 on 02.06.1995 and on the same day, land in dispute was ordered to be attached before judgment by the Court under Order 38 Rule 5 of the Code of C. R. No. 4211 of 2005 2 Civil Procedure (in short CPC). Suit filed by respondent no.1 was decreed on 12.01.1999. In execution petition filed by respondent no.1 against respondent no.2, the disputed land was again ordered to be attached vide order dated 18.05.2000, which was proclaimed at the spot on 01.06.2000. Ultimately, the disputed land was put to auction on 05.07.2002 by the Executing Court. Respondent no.1 decree holder purchased the said land in auction after having sought permission from the Executing Court. The said sale was confirmed and sale certificate dated 04.09.2002 was issued by the Executing Court in favour of respondent no.1. Thereupon, respondent no.1 filed execution petition to seek possession of the disputed land purchased by him in auction in the execution proceedings. The petitioner filed objections dated 18.03.2004 in the aforesaid execution petition, alleging that the petitioner along with his brothers Naresh Kumar and Sanjeev Kumar purchased the disputed land measuring 05 kanals 12 marlas along with some other land (total measuring 07 kanals 19 marlas) from respondent no.2 and his wife vide sale deed dated 28.03.2000 for valuable consideration and mutation regarding the same has also been sanctioned on 26.04.2000 and therefore, the petitioner and his brothers are owners in possession of the disputed land and cannot be dispossessed in the execution petition.

(3.) Respondent no.1 decree holder resisted the objections filed by the petitioner and pleaded that the disputed land already stood attached before judgment in the suit and was again attached on 18.05.2000 in the execution proceedings and respondent no.1, having purchased the same in auction, is entitled to get actual possession thereof. The learned Executing Court, by way of impugned order dated 28.07.2005, has dismissed the objections filed by the petitioner. Feeling aggrieved, the instant revision petition has been filed. I have heard learned counsel for the parties and perused the case file.