COL. MANMOHAN SINGH BAINS @ MOHINI Vs. RACHHPAL KAUR

JUDGEMENT

(1.) The matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially, respondents-plaintiffs-decree-holders Smt.Rachhpal Kaur wife of Ajit Singh Bains and Smt.Ravinder Kaur wife of Maninder Singh Bains (for brevity "the DHs") have instituted the civil suit for a decree of possession and mandatory injunction regarding the suit property, against petitionersdefendants- judgment-debtors Col. Manmohan Singh Bains (retired) @ Mohini son of late Air Vice Marshal Harjinder Singh and his son Vikram Bains (for short "the JDs"). The defendant-JDs contested the suit, filed written statement stoutly denying all the allegations contained in the plaint and prayed for its dismissal.

(2.) Having completed all the codal formalities and process of production of evidence of the respective parties, the trial Court was stated to have dismissed the suit, by way of judgment and decree dated 10.10.2009. However, the first appellate Court accepted the appeal and decreed the suit of plaintiffs-DHs, by virtue of judgment & decree dated 27.5.2013.

(3.) Aggrieved thereby, the JDs have filed the regular second appeal, bearing No.2724 of 2013, in which, initially, the operation of the judgment & decree of 1st appellate Court was stayed, subject to furnishing of security, for a sum of Rs. 5 crores, in the shape of immovable property by this Court, by means of order dated 25.7.2013 (Annexure P1). The petition for Special Leave to Appeal (Civil) filed by JDs, bearing No.25785 of 2013 was dismissed as withdrawn by Hon'ble Apex Court, through the medium of order dated 26.8.2013 (Annexure P2).