JALAUR SINGH Vs. SHIROMANI GURDWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) THE present revision petition has been filed against the order dated 8.9.2006 passed by the learned Addl. District Judge, Barnala vide which the learned executing Court after rejecting the preliminary objection of the petitioner with regard to the maintainability of the execution application after the decree has been satisfied has ordered the recording of the statement of the revenue officer.

(2.) THE learned counsel for the petitioner contends that under the provisions of Order 21 Rule 35 CPC once possession has been delivered and accepted by the decree-holder, the Court has no jurisdiction to entertain the second application for possession. The learned counsel for the petitioner further contends that even under Section 144 of CPC, the possession cannot be restored to a party once the decree has been satisfied.

(3.) THE learned Sr. counsel for the petitioner further contends that in view of the impugned order the objections have already attained finality as they already stand rejected by way of the impugned order. The filing of reply is thus empty formality. The learned counsel for the petitioner in support of his contentions placed reliance on the judgment reported as Shew Bux Mohata and another v. Bengal Breweries Ltd. and others, AIR 1961 Supreme Court 137 wherein it has been held as under :-