CHIRANJI LAL MASKARA Vs. SWADESHI SUGAR SUPPLIER LTD

JUDGEMENT

(1.) All these three civil revisions were heard together and are being disposed of by this common order.

(2.) In the above mentioned three civil revisions petitioners are the same and have challenged various orders at different stages of Execution Case No. 136/1965, which had arisen out of Money Suit No. 61 of 1956 filed by the sole opposite party, who is common in all the three revisions, for realisation of money from the petitioners' firm, namely M/s. Basudeo Prasad Chiranjilal. The said suit was decreed on 3.1.1957 by the Civil Judge I, Kanpur for a sum of Rs. 26,056.00 to be paid by the defendants-judgment debtors (petitioners) to the plaintiff- decreeholder (Opposite party). However, the said matter was transferred from Kanpur to 1st Subordinate Judge, Motihari (East Champaran) for execution of the said decree, which was numbered as Execution Case No. 8 of 1958. The said execution case was dismissed on part satisfaction of the decree, whereafter Execution Case No. 136/1965 was filed for satisfaction of the remaining decretal amount.

(3.) The said execution case continued and for the remaining part of the decree/auction sale was held on 17.9.1971 and finally the said sale was confirmed on 1.11.1971, which was challenged in this Court but it affirmed the said order. Thereafter on 20.7.1972 the plaintiff-decreeholder (opposite party filed a petition for delivery of possession, whereafter D.P was issued and affected on 2.2.1975. Against the said D.P. Mis. Case No. 17/1975 was filed by the judgment debtor claiming that the boundary given was defective and unidentifiable whereafter by order dated 5.1.1979 the said D.P. was set aside. In the said circumstances the decreeholder filed amendment petitions giving correct boundary in the execution case but the judgment debtors did objected to it, whereafter the said amendment was allowed by the Executing Court on 12.10.1985 which was never challenged.