KASHMIR SINGH Vs. GURBACHAN KAUR

JUDGEMENT

(1.) The present petition has been filed under Articles 227 of the Constitution of India challenging order dated 16.09.2019 passed by the Executing Court, whereby the objections filed by the petitioner has been dismissed.

(2.) Brief facts giving rise to the present petition are that respondent No.l had filed suit for possession against Kashmir Singh, the predecessor-in-interest of the present petitioners, qua the land measuring 13 Kanal 12 Marias comprised in Rectangle No.17, Killa No.19/2/1 (5-0), 19/2/2 (1-0), 20/1 (6-0) and in Rectangle No.17, Killa No.20/2 (1-12), situated at village Dugri, Tehsil and District Gurdaspur. The same was decreed by the trial court vide judgment and decree dated 05.02.2007. Although earlier also, the execution petition was filed by the decree holder, however, the same was dismissed as withdrawn. Later on the current execution petition was filed on 13.10.2018. However, it turned out that by this time, the judgment debtor had already expired.

(3.) Therefore, the decree holder applied for brining on record the legal representatives of the judgment debtor. The said application was allowed by the Executing Court vide order dated 15.01.2019. On appearing before the court, the petitioner(s), who are the legal representatives of original Judgment Debtor, had taken objection that the execution had become time barred because they had been served notice of the execution first time only for 26.03.2019, which was after 12 years from the date of decree, which is the prescribed period of limitation for getting the decree executed. Another argument was that since the earlier execution petition had been withdrawn by the decree holder, therefore, the subsequent execution would stand barred by principle of res judicata. It is these objections, raised by the petitioners, which have been dismissed by the Executing Court. Hence, the present petition has been filed.