NARESH KUMAR Vs. NIRMAL KUMAR AND OTHERS

JUDGEMENT

(1.) Challenge in this revision petition under Article 227 of the Constitution of India is the order dated 8.10.2011 passed by learned Civil Judge (Junior Division), Jalandhar vide which the objections filed by the petitioner-objector in the execution application were dismissed in the execution application filed by respondent Nos.1 to 5 for passing final partition decree on the basis of preliminary decree dated 27.11.1998.

(2.) The brief facts of the case are that plaintiff-respondent Nos.1 to 5 along with Smt.Janak Dulari (since deceased) originally filed a suit for possession by partition of their 1/9th share each in the disputed property ie house No.7 situated in New Islamganj, Jalandhar against the petitioner and Narinder Kumar and Vijay Kumar respondent Nos.6 and 7 and obtained a preliminary decree for possession by partition of their 1/9 th share each in disputed property vide judgment and decree passed by Civil Judge (Junior Division), Jalandhar

(3.) On notice, the petitioner appeared and resisted the claim of the objectors. It has been pleaded that the parties to the present proceedings were original natives of village Chowk Mehta Amritsar and they owned ancestral property in that village. The objector-JD settled in half share in the disputed property in the year 1984 when he left village Chowk Mehta Amritsar and one Baldev Raj Jain got the partition effected between the plaintiff-respondents and objector JD etc. In that family partition, plaintiffrespondents were given the properties in village Chowk Mehta Amritsar in lieu of their share in the joint property and they were in possession of the same and subsequently sold away the same without the permission of the objector-JD and subsequently filed the suit without any right or title in the disputed property and were in fact estopped by their act and conduct from filing the main suit and that the decree obtained by them was not executable.