RIKHIKESH SON OF NARAIN DASS Vs. OM PARKASH

JUDGEMENT

(1.) ORDER : - Present revision is filed against the order dated 15.1.2015 passed by learned Civil Judge (Senior Division) Mandi in Execution Petition No. 223 of 2013 titled Om Parkash vs. Rikhikesh.

(2.) BRIEF facts of the case as pleaded are that Om Parkash filed execution petition under Order 21 Rule 32 CPC against revisionist pleaded therein that counter claim No. 43 of 2008 filed in Civil Suit No. 53 of 2003 was decreed by learned trial Court on dated 2.8.2008 and thereafter appeal was filed and learned Additional District Judge FTC Mandi District Mandi affirmed the judgment and decree passed by learned trial Court and dismissed the civil appeal No. 53 of 2008 on dated 21.2.2012 titled Rikhikesh vs. Om Parkash. It is pleaded that Rikhikesh filed a suit for partition and injunction relating to suit land. It is pleaded that suit filed by plaintiff was resisted and contested by defendant by way of filing written statement and by way of filing counter claim. Counter claim was filed for specific performance of contract dated 27.11.1996. It is pleaded that learned trial Court dismissed the civil suit and decreed the counter claim No. 43 of 2008. It is pleaded that Rikhikesh did not comply the judgment and decree passed by learned trial Court and affirmed by learned first Appellate Court and prayer for execution of judgment and decree passed by learned trial Court and affirmed by learned first Appellate Court sought by way of filing execution petition. It is proved on record that thereafter Rikhikesh filed objections under Section 47 of CPC in execution petition pleaded therein that execution petition is not maintainable and is not executable. It is pleaded that relinquish deed could only be executed by relative as per instructions of the Government and further pleaded that Om Parkash and Rikhikesh are not relatives but are only co -sharers and hence decree passed by learned trial Court could not be executed. It is pleaded that judgment and decree could not be executed by way of appointing the Reader. Prayer for acceptance of objection petition sought before Executing Court.

(3.) PER contra reply filed to the objections petition on behalf of Om Parkash pleaded therein that execution petition is maintainable and decree passed by learned trial Court is executable. It is pleaded that instructions issued by the Government could not override statute. It is pleaded that deficient court fee already stood deposited. It is pleaded that decree could be executed by way of appointing Reader of Court to execute the decree and prayer for dismissal of objections petition sought in execution petition.