GURBAX SINGH Vs. JASWANT SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 27.05.2016 passed by Additional District Judge, Jalandhar vide which application under Order 41 Rule 5 read with Section 151 CPC for stay of execution proceedings before the executing Court was dismissed.

(2.) Respondents/Decree holders filed Civil Suit No.19 dated 09.04.1981 against Smt. Jaswinder Kaur and others for declaration, possession and permanent injunction. The suit was partly decreed vide judgment and decree dated 18.07.1991 by Sub Judge, Ist Class, Jalandhar. Sale deeds Ex.DW2/1 dated 13.06.1980, Ex.DW2/3 dated 13.06.1980, Ex.DW2/7 dated 27.06.1980 and Ex.DW4/2 dated 13.05.1980 were held to be void and illegal. Plaintiffs were held to be owner of the land covered by the aforesaid sale deeds i.e. land measuring 412 kanals 15 marlas and they were held entitled to get possession of the aforesaid land from purchasers/defendants No.6 to 11 therein. Permanent injunction was also granted and the defendants were restrained from alienating the suit property further to anyone.

(3.) Appeal filed against the aforesaid judgment and decree was dismissed by the Lower Appellate Court on 13.01.1997. Regular second appeal i.e. RSA No.859 of 1997 was dismissed by the High Court on 27.03.1997 and the said judgment was maintained in S.L.P before the Hon'ble Supreme Court.