KANWAR PAL Vs. MANSA RAM AND OTHERS

JUDGEMENT

(1.) The present appeal has been directed against order dated 24.01.2014 (Annexure P1) passed by the Additional District Judge, Ambala whereby the appeal preferred by the appellant against order dated 03.12.2013 passed by the Civil Judge (Jr. Division) Ambala has been dismissed on the solitary ground of the same being not maintainable.

(2.) Counsel for the appellant has submitted that Kanwar Pal - appellant filed a suit for possession by way of specific performance of agreement to sell dated 20.11.1997 that was decreed vide judgment and decree dated 16.03.2004. In pursuance of the decree dated 16.03.2004, the petitioner filed an application for execution in which warrants of possession were issued. Brij Bhushan and others (respondents No.2 to 8) filed third party objections by invoicing the provisions of Order 21, Rule 99 ,100,101 and 103 read with Sections 47 and 151 of the Code of Civil Procedure (in short 'CPC") and the same were allowed by the Executing Court vide judgment dated 03.12.2013. The petitioner/decree-holder preferred civil miscellaneous appeal No.7 of 2014 against the order dated 03.12.2013 passed by the Executing Court but the same has been wrongly dismissed by the Court of appeal by holding that the appeal is not maintainable. It is vehemently argued that the Appellate Court failed to appreciate the provisions of Order 21, Rule 103 Code of Civil Procedure in right perspective, therefore, misdirected itself by holding that the appeal is not maintainable. In support of his contention, he has referred to judgment of this Court "Jaspal Singh s/o Phuman Singh Vs. Punjab Wakf Board, Ambala.Cantt. through its Estate Office, Phagwara", 2013(1) RCR (Civil) 585.

(3.) Counsel for the contesting respondents, on the contrary, has supported the impugned order with the submission that as the objection petition preferred by the respondents was allowed and the execution petition was dismissed, the only remedy available with the petitioner was to file a revision petition before this Court, in accordance with law.