DEO NANDAN SINGH Vs. DEVI NANDAN SINGH

JUDGEMENT

(1.) Petitioners are decree holders and they filed Execution Case No. 08 of 2009 for execution of decree passed in Title Suit No. 78 of 1993/ 16 of 1994 but the aforesaid execution case was dismissed by the learned Sub Judge-1, Aurangabad passing impugned order dated 29.05.2013 on the ground that decree holders/petitioners failed to mention the date of their dispossession and in absence of above stated pleading, the decree for recovery of possession could not be executed.

(2.) Shorn to unnecessary details suffice it to say that decree holders/petitioners filed Title Suit No. 78 of 1993/ 16 of 1994 against the judgment debtors/opposite parties for declaration of their right, title and confirmation of possession and also delivery of possession, if they are found dispossessed during pendency of the aforesaid suit. The above stated title suit was decreed on 21.12.1995 and the judgment debtors/opposite parties filed Title Appeal No. 02 of 1996/ 13 of 1998 which was dismissed on 05.04.2003 by the 1st appellate court. The judgment debtors/opposite parties preferred 2 nd appeal bearing 2nd Appeal No. 130 of 2003 which was, too, dismissed on 01.05.2008.

(3.) It is pertinent to note here that judgment debtors/opposite parties preferred S.L.P. (civil) No. 16789 of 2009 before the Apex Court of this country and the said special leave petition was dismissed on 31.07.2009. It is also pertinent to note here that when the above stated Title Suit No. 78 of 1993/ 16 of 1994 was decreed and Title Appeal No. 02 of 1996/ 13 of 1998 was pending, the decree holders/petitioners filed Execution Case No. 01 of 1996 before the court of Sub Judge-1, Aurangabad but the learned Sub Judge-1, Aurangabad dismissed the aforesaid Execution Case No. 01 of 1996 passing order dated 31.01.1997 on the ground that decree passed in Title Suit No. 78 of 1993/ 16 of 1994 was vague and was not executable. The above stated order dated 31.01.1997 passed in Execution Case No. 01 of 1996 was challenged by the decree holders/petitioners before this court by filing Civil Revision No. 537 of 1997 which was dismissed by this court vide order dated 27.08.1997 and while dismissing the aforesaid Civil Revision No. 537 of 1997, this court observed in order dated 27.08.1997 that the decree passed in Title Suit No. 78 of 1993/ 16 of 1994 has to be read as one for confirmation of possession alone and the court further observed in the aforesaid order as follows:-