SANJAY GANDHI MEMORIAL Vs. VIRENDER KUMAR

JUDGEMENT

(1.) THIS revision petition arises against an order passed by the learned Executing Court dismissing the objections filed by the petitioner against the execution of the decree dated 22.7.1987.

(2.) THE petitioner by way of objection petition has challenged the execution of the decree on the plea that he had purchased the land from the Judgment Debtors by way of registered sale-deed on 19.4.1996 and, therefore, he could not be dispossessed in the execution of the decree. This contention of the learned counsel for the petitioner is totally misconceived. In view of the decree dated 22.7.1987 the petitioner merely steps into the shoes of the Judgment Debtors and therefore, had no independent right to file the said objection.

(3.) LEARNED counsel for the petitioner thereafter contended that it was not open to the Executing Court to amend the decree and in support of this contention he placed reliance on the judgment of Hon'ble Supreme Court in Bai Shakriben (Dead) by Natwar Melsingh and others v. Special Land Acquisition Officer and another, 1996(3) RCR(Civil) 79 (SC) : AIR 1996 Supreme Court 3323.