JAGAT RAM Vs. JAGIT SINGH

JUDGEMENT

(1.) Jagjit-Singh respondent secured a decree for possession through preemption of. land measuring. 65 Karnals 12 Marlas in Basti Baba Khel, Tahsil and District Julundur, against Pritam Kaur etc. on payment of Rs. 15,880/ (including one-fifth of the pre-emption amount already deposited): The amount was to be deposited on or before July 28, 1905. According to Jagjit Singh respondent he deposited the pre-emption amount within the stipulated period but he could not get the possession of the land on account of delaying tactics of the judgment-debtors. In the execution proceedings initiated on April 13, 1977, the petitioners who claims to have purchased the lands from the judgments debtors on July 10 and 19, 1979 filed an objection petition under order dated July 31, 1982. The petitioners filed an appeal against the order of the executing Court which was dismissed by Additional District Judge, Jullundur vide order dated July 1983, being not maintainable. It is against this order that the present revision is directed.

(2.) The learned counsel for the petitioners has argued that the objection petition of the petitioners led before the existing Court hail been wrongly shown to have been filed under Order 21, R. 58 and that in fact it was an objection petition filed under Section 47 of the Civil P. C. The argument proceeds that a order passed under Section 47, Civil P. C. is appealable and the learned Additional District Judge has wrongly held otherwise. Reliance has been placed on Parshava Properties Ltd. v. A. K. Bose, AIR 1971 Pat 308. The contention is v without merit

(3.) In Parshava Properties' case, (AIR 1979 Pat 308) (supra), it was held that the order of the executing Court under Section 47, Civil P. C., amounted to a decree within Section 2 l2) as amended by Act 104 of 1976 and being appealable at a decree no revision was maintainable. This case was taken notice of in Hansumatiben v. Ambalal' Krishnalal Parikh, AIR 1982 Gujarat 324, Mst. Sarabai Agarwalla v. Haradhan Mohapatra, AIR 1982 Orissa 9, Ramesh Kumar Swarupchand Sancheti v. Rameshwar Vallabhiam Bhatwal, AIR 1983 Bom 378, and the ratio thereof was not approved