BALWINDER RAI Vs. MOHAN LAL

JUDGEMENT

(1.) CIVIL Misc. No.4002-CII of 2006 This application has been moved with a prayer to recall order dated 17.2.2006, vide which, CIVIL Revision No.4918 of 2005, was dismissed for non prosecution. In view of averments made in this application, which is accompanied by an affidavit, it is allowed, order dated 17.2.2006 is recalled and revision petition is restored to its original number.

(2.) ON request made, revision petition is taken on board for hearing today itself. Civil Revision No.4918 of 2005 In a pending execution, respondent No.3 filed objections, by stating that she is the owner of the property, in dispute. By taking note of sale deed in her favour and other evidence, as was led by the parties, it was held by the executing Court that the judgment debtor was not owner of the property, in dispute, as such, possession cannot be delivered to the decree holder. The petitioners have failed to prove on record that Mohan Lal, was ever inducted as a tenant by his predecessor, as claimed in the main suit. Contention of counsel for the petitioners that this question could not have been decided, while deciding objection of the 3rd party, is devoid of any force, in view of provisions of Order 21 Rule 101 CPC. In view of findings given by the executing Court in paragraph No.18, no case is made out for interference. Dismissed.