PHANKRA Vs. SHANKAR DASS

JUDGEMENT

(1.) PRESENT petition has been filed by the Petitioner, who was the Plaintiff before the learned trial Court, against the order, dated 21.7.2004, passed by the learned trial Court dismissing the application filed under Section 152 Code of Civil Procedure for correction of the decree.

(2.) A notice of the petition was issued to the Respondent.

(3.) THE Petitioner as Plaintiff had filed a suit for possession and in that suit, Respondent/Defendant took up a plea of adverse possession, but it was held that the Respondent was not in adverse possession and was found to be in possession of the suit land. Those findings were affirmed by the learned First appellate Court on appeal filed by the Respondent. The Petitioner filed an Execution petition and it was reported by the Kanungo that the Plaintiff was already in possession of the suit land and, therefore, the decree in question could not be executed. A Civil Revision petition was also filed by the Petitioner and this Court vide order dated 3.5.2002 set aside the order passed by the learned Sub Judge and the Petitioner was permitted to withdraw the Execution petition with liberty to take appropriate remedy in accordance with law. Thereafter, the application under Section 152 Code of Civil Procedure was filed, which was dismissed by the learned trial Court vide its impugned order.