SANTI DEVI Vs. KAMAL KANT

JUDGEMENT

(1.) Appellants assail the judgment and decree dtd. 21/5/2015 passed by learned Additional District Judge-II, Solan, Camp at Arki, in Civil Appeal No. 1-AK/13 of 2015, whereby the order dtd. 1/12/2014 passed by learned Civil Judge, Junior Division, Arki, in CMA No. 346/6 of 2012 (in Execution Petition No. 15/10 of 2011) has been affirmed.

(2.) Brief facts necessary for the adjudication of the appeal are that the Appellants and respondents No. 5 to 7 herein are successors of Sh. Durga. Respondents No. 1 to 4 herein are successors of Sh. Shankar.

(3.) The aforesaid decree was put to execution. During execution proceedings, appellants herein (hereinafter referred to as objectors) filed objections under Order XXI Rule 97 CPC before the Executing Court with a prayer to protect their possession over the suit property. It was claimed that the objectors were successors of Durga being his widow and daughter. Objectors alleged that the decree passed by learned Sub Judge, 1st Class, Arki was not binding against them, as they were co-owners and co-sharers of the suit property. The said property was stated to be ancestral joint property of Shankar and Durga. The factum of partition between both was denied. The land between Shankar and Durga was stated to be still joint. Challenge was also laid to the revenue entries which evidenced the existence of partition between Durga and Shankar. The partition affected during consolidation proceedings was also assailed being wrong and illegal on the grounds that Durga had not given any consent. The proceedings were not conducted in accordance with H.P. Land Revenue Act. Neither preliminary nor final order was passed. Shankar was never handed over possession of the suit property. It was also averred in the objection petition that the objectors and the defendants of Civil Suit No. 231/1 of 1994 had already filed a Civil Suit in respect of the same subject matter which was pending.