BALRAM Vs. GURDEI

JUDGEMENT

(1.) By way of this petition, petitioner has challenged order dated 24.04.2019, passed by the Court of learned Civil Judge, Bilaspur, District Bilaspur, HP (Executing Court), vide which objections filed by the present petitioners under Section 47 of the Civil Procedure Code to the Execution Petition filed by the respondents herein, stand rejected.

(2.) Brief facts necessary for adjudication of the present petition are that respondents herein filed a suit for declaration against the present petitioners, i.e. Civil Suit No. 86-1 of 2007, titled as Smt. Gurdei and another vs. Sh. Bal Ram and others, which stood decreed by the Court of learned Civil Judge (Jr. Divn.), Bilaspur, vide judgment and decree dated 30.12.2015, in the following terms:-

(3.) Learned Counsel for the petitioners has fairly submitted that judgment and decree so passed by the learned trial Court has attained finality because the first appeal as also the second appeal filed against the said judgment and decree has been dismissed, so also the review petition filed against the judgment passed by this Court in Regular Second Appeal. He has further fairly submitted that a Special Leave Petition filed by the present petitioners against the judgment and decree passed by this Court in the Regular Second Appeal was also dismissed in limine by the Hon'ble Supreme Court.