BISHAMBER SINGH AND OTHERS Vs. RAJINDER SINGH

JUDGEMENT

(1.) By way of this petition, petitioners have prayed for setting aside of order dated 31.10.2018 (Annexure P-4), passed by learned Civil Judge (Jr. Division), Indora, District Kangra, H.P. vide which learned Executing Court has dismissed the objections so filed by the present petitioners to the execution petition.

(2.) It appears from the record that respondent herein filed a civil suit bearing No. 156/2007, titled as Rajinder Singh versus Bishamber Singh and other for issuance of a decree of possession of the suit land. Said suit was decreed in favour of the plaintiff on 28.03.2011. The appeal filed against the judgment and decree passed by the learned Trial Court was dismissed by the learned First Appellate Court on 30.04.2013 and the second appeal preferred against the judgment and decree so passed by learned Appellate Court, was dismissed by this Court on 01.03.2017.

(3.) As despite the judgment and decree passed by the learned Trial Court in favour of the plaintiff/decree holder having attained finality, the same was not being obeyed by the judgement debtors, i.e. present petitioners, an execution petition was filed by the decree holder before the Executing Court.