JAVID AHMAD SHAH Vs. AISHA

JUDGEMENT

(1.) This revision petition is directed against the order dated 01.05.2019 passed by Sub Judge, Handwara, in a petition filed by the respondents herein seeking execution of judgment and decree dated 03.01.2015.

(2.) I have heard learned counsel for the parties and perused the record of the case.

(3.) Petitioners have challenged the impugned order passed by the Executing Court mainly on two grounds. One that the Executing Court without issuing any notice to the petitioners has proceeded to pass the order of execution of judgment and decree dated 03.01.2015 passed by the said Court in the suit titled Mohammad Yousuf Shah vs. Mst. Aisha and Ors. The second ground that has been urged is that that on an earlier occasion, on the basis of a settlement arrived at between the parties, the execution petition filed by the respondents-decree holders came to be dismissed as withdrawn in terms of order dated 29.04.2019 and, as such, it was not open to the respondents herein to file a fresh execution petition before the learned Executing Court.