DAYAL SINGH Vs. BHINDER KAUR

JUDGEMENT

(1.) THIS revision petition is directed against judgment dated 23.6.2012, rendered by District Judge, Solan in Civil Appeal No. 42 -NL/13 of 2011.

(2.) "Key facts" necessary for the adjudication of this writ petition are that the respondent has instituted a civil suit No. 16/1 of 1995/91 against the petitioners for declaration with consequential relief of permanent injunction or in the alternative for possession claiming herself to be heir of Ram Swaroop. The suit was contested by the petitioners that Ram Swaroop has executed a valid "will" in their favour. Learned trial Court dismissed the suit on 14.8.1997. Respondent filed an appeal in the Court of learned District Judge, Solan bearing appeal No. 34 -NL/13 of 1997. Learned District Judge allowed the appeal on 19.8.1998. Petitioners preferred a Regular Second Appeal bearing No. 394 of 1998, before this Court against the judgment dated 19.8.1998. The same was dismissed by this Court on 22.12.2008. It is not disputed that no appeal was preferred against the judgment dated 22.12.2008 rendered in RSA No. 394/1998. Respondent filed an execution petition for the execution of the judgment and decree. Petitioners filed objections against the same. Learned Civil Judge (Junior Division) dismissed the objections and issued warrant of possession for 17.12.2011 vide order dated 17.11.2011. Petitioners filed an appeal against order dated 17.11.2011 before learned District Judge Solan vide civil appeal no. 42 -NL/13 of 2011. He dismissed the same on 23.6.2012. Hence, the present petition.

(3.) MR . Arvind Sharma has supported the judgment dated 23.6.2012 and order dated 17.11.2011.