PREM CHAND AND ANOTHER Vs. SWARAN SINGH

JUDGEMENT

(1.) In this revision petition, the petitioners have assailed the order dated 04.11.2015 passed by the Civil Judge (Jr. Divn.) Khanna vide which application filed by the petitioners/judgment debtors under Article 135/136 of the Limitation Act (hereinafter to be referred as 'the Act') for dismissal of the execution application being time barred was dismissed.

(2.) Brief fact are that respondent filed a civil suit for mandatory injunction against the petitioners vide civil suit No. 303 of 18.04.1995 titled 'Swaran Singh v. Prem Chand and another' . The said suit was decreed vide judgment and decree dated 06.09.2001 by the Civil Judge (Jr. Divn.) Khanna. The defendants were directed to hand over the vacant possession of the suit property as detailed in the headnote of the plaint within a period of two months, failing which the plaintiff was held entitled to recover the possession in accordance with law. The suit was decreed for recovery of Rs. 800/- per month instead of Rs. 3,000/- per month towards use and occupation of the suit land for the period from 15.11.1992 to 31.03.1995. The said judgment and decree was affirmed in appeal by the Addl. District Judge, Ludhiana vide judgment and decree dated 16.04.2003. Regular Second Appeal No. 3547 of 2003 filed by the petitioners against the judgments and decrees of the Courts below was also dismissed by the High Court vide judgment dated 14.09.2014.

(3.) The respondent-decree holder filed Execution No. 87 dated 22.11.2003. In the said execution, 3rd party objections were filed by one Jagan Nath son of B. Siri Ram. The said objections were dismissed by the executing Court vide order dated 05.07.2014. During pendency of the execution petition on 28.10.2014, learned counsel for the decree-holder made a statement before the executing Court that the present execution being old in nature be allowed to be withdrawn with proceedings intact at the stage where the same is being withdrawn. One Sh. M.M. Rattan, Advocate for the judgment-debtor/objectors also suffered the statement of no objection to the aforesaid withdrawal. Following order was passed by the executing Court i.e. Civil Judge (Jr. Division) Khanna:-