CHANGEZ DANIEL Vs. CHURCH OF SCOTLAND

JUDGEMENT

(1.) THIS petition is directed against the order dated 14.1.2013 passed by the Civil Judge (Senior Division), Chamba, whereby the objections preferred by the judgment debtors in Execution Petition No. 6/2011, have been dismissed. "Key facts" necessary for the adjudication of this petition are that the respondent -decree holder (hereinafter referred to as the "decree holder" for convenience sake) instituted a civil suit No. 83 of 1990. The same was decreed on 30.6.1999. An appeal was preferred against the judgment and decree dated 30.6.1999. Learned District Judge allowed the same and the judgment and decree passed by the trial court was set aside. The decree holder preferred Regular Second Appeal No. 315 of 2000 before this Court. It was allowed on 28.10.2010. The judgment and decree passed by the trial court was upheld. The judgment debtors filed Special Leave Petition (Civil) No. 572/2011 before the Hon'ble Supreme Court. It was dismissed by the Hon'ble Supreme Court on 24.1.2011.

(2.) THE decree holder filed an execution petition bearing No. 6 of 2011 for the execution of the judgment and decree dated 30.6.1999. The judgment debtors filed objections to the same. The decree holder filed reply to the objections filed by the judgment debtors. The objections were dismissed by the Executing Court on 14.1.2013. Hence, the present petition.

(3.) MR . N.K. Sood, learned Senior Advocate has supported the order dated 14.1.2013.