IDRISH Vs. JAIKAM AND ORS.

JUDGEMENT

(1.) IN this revision petition filed under Article 227 of the Constitution of India, the petitioner raised his sole grievance against the order dated 16.11.2007 passed by the executing Court, whereby an application filed for impleading the legal heirs of Abdul Rehman, judgment -debtor, the execution petition under Order 21 Rule 32 of the Code of Civil Procedure (for short "the Code") was declined and the execution petition was consigned to the record room.

(2.) BRIEFLY stated, the facts of the case are that the petitioner had filed a suit for permanent injunction against Abdul Rehman, predecessor -in -interest of the respondents, which was dismissed by the trial Court vide judgment and decree dated 26.4.1995. However, the appeal carried by the petitioner was allowed and the suit was decreed by the lower appellate court vide judgment and decree dated 11.1.1996 which was affirmed by this Court in regular second appeal vide judgment and decree dated 16.5.2000. The petitioner thereafter filed execution petition under Order 21 Rule 32 of the Code with the averment that the judgment -debtor, i.e. Abdul Rehman was not obeying the decree which was passed in his favour and had started changing the nature of the property and, therefore, action be taken against him. During the pendency of the execution petition, Abdul Rehman had died. Accordingly, the petitioner filed an application to implead the legal heirs of deceased Abdul Rehman. The executing court dismissed the said application vide order dated 16.11.2007 and ordered that the execution petition be consigned to the record room which has given cause of action to the petitioner to file the present revision petition.

(3.) ON the other hand, Mr. S.K. Bawa, counsel for the respondents (legal heirs of deceased Abdul Rehman) has submitted that the decree had conferred a right on the person who is a party to the decree and is operative only in personam against the defendant and not in rem and was, thus, not enforceable against the legal heirs of Abdul Rehman. According to the learned Counsel, the executing court was right in declining the application for impleading the legal heirs in the execution petition and also consigning the same to the record room.