FAKHRU Vs. ALI MOHD.

JUDGEMENT

(1.) The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned orders dtd. 14/7/2025 passed by the learned Civil Judge (Junior Division), Ferozpur Jhirka, District Nuh whereby two applications filed by the judgment debtors one under Sec. 48 CPC and another under Sec. 47 CPC and Order 21 Rule 97 CPC and Order 21 Rule 101 CPC read with Sec. 151 CPC were dismissed in execution proceedings arising from judgment and decree dtd. 28/10/2013.

(2.) The respondents/decree holders had instituted a civil suit for permanent injunction restraining the defendants, who are the present petitioners, from dispossessing them from the suit property, from interfering in their peaceful possession, and from demolishing the residential house standing thereon. The defendants contested the claim, asserting that the plaintiffs were not residents of village Pathroli but of Sekhpura, Tehsil Kama (Rajasthan), for the past 50 years, and that the entries in the revenue records in their favour were illegal.

(3.) The learned Civil Judge (Junior Division), Ferozpur Jhirka, functioning as a Mobile Court at Pinangwan, vide judgment and decree dtd. 28/10/2013, decreed the suit of the plaintiffs and restrained the defendants from dispossessing or interfering with the peaceful possession of the plaintiffs over the suit property and from demolishing their residential house or raising construction on the property. The appeal filed by the defendants was dismissed by the District and Sessions Judge, Gurugram, and the Regular Second Appeal filed before the High Court was also dismissed on 24/5/2018. Thus, the decree attained finality.