ROHTAS Vs. BAKHTAWAR

JUDGEMENT

(1.) This revision petition is directed against the order of the executing Court dated November 3, 1988, whereby the objection petition filed by the judgment-debtors petitioners was dismissed.

(2.) The decree-holder Bakhtwar filed a suit for the grant of the permanent injunction restraining the defendants from interfering with his possession over the land, in question, except in due course of law. The said suit was dismissed by the trial Court on October 16, 1984, but was decreed in appeal on August 7, 1985. The decree passed by the Court of appeal was that the suit of the plaintiff for permanent injunction was decreed and the defendants were restrained from ejecting the plaintiff from suit land except in due course of law. Later on, according to the decree-holder, he was dispossessed illegally and thus the judgment-debtors had disobeyed the decree passed against them and, therefore, he moved an application under Order 21 Rule 32, Code of Civil Procedure, in the executing Court. In that application, objections were raised on behalf of the judgment-debtors. Prayer was also made that a local Commissioner be appointed to enquire as to which party was in possession of the land. The said objection petition was contested on behalf of the decree-holder and the executing Court without framing any issue and allowing the parties to lead evidence, dismissed the same summarily by the impugned order.

(3.) The learned counsel for the petitioners submitted that after the decree dated August 7, 1985, necessary correction in the Khasra girdawari was made on February 28, 1986. It was found at that time that the possession was that of the judgment-debtors and not that of the decree-holder. Since the decree-holder never challenged the said order correcting the Khasra girdawari, it had become final between the parties and, therefore, no execution application as such was maintainable. He further submitted that there was already an eviction order against the decree-holder dated June 23, 1969, and, therefore, the possession was taken in pursuance thereof.