JALAM SINGH Vs. ATMA RAM

JUDGEMENT

(1.) THIS Revision Petition has been directed against the order dated 28.3.2003 passed by the learned Sub Judge 1st Class, Court No.1, Paonta Sahib, District Sirmaur in execution petition No. 64/10 of 1997.

(2.) MATERIAL facts necessary for the adjudication of this petition are that petitioner-decree holder (hereinafter referred to as `decree-holder' for convenience sake) instituted a civil suit No. 8/1 of 1993 against the respondents-judgment- 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. debtors (hereinafter referred to as `judgment debtors' for convenience sake). The suit was decreed by the trial court on 24.8.1996 and judgment debtors were restrained from interfering over the suit land comprised in Khata No. 188 min, Khatauni No. 817 min, Khasra No. 1094 measuring 15 biswas, Khasra No. 3296/1121 measuring 2-14 bighas and the land comprised in Khata No. 190 min, Khatauni No. 820 min, Khasra No. 3208/1178 measuring 1 bigha and the land comprised in Khata No. 192 min, Khatauni No. 830, Khasra No.1092 measuring 2-8 bighas and Khasra No.1009 min measuring 4-5 bighas situated in Mauza Sherli Manpur, Sub Tehsil Kamrao, Tehsil Paonta Sahib, District Sirmaur. Judgment-debtors preferred an appeal before the learned District Judge. The same was decided by the learned District Judge on 26.11.1997. The execution petition was filed on 14.5.1997. According to the decree-holder, on 15.4.1997, judgment debtors removed the wheat crop from the suit property. The learned trial court dismissed the execution petition, being not maintainable on 28.3.2003. According to him, the decree could only be executed by the first appellate court.

(3.) MR. Anil Chauhan has supported the impugned order passed by the learned Sub Judge 1st Class, Court No.1, Paonta Sahib.