SHABIR AHMAD BATI Vs. MOHAMMAD YOUNIS

JUDGEMENT

(1.) The petitioner has filed the instant revision petition against order dtd. 27/7/2016 passed by learned Sub Judge, Uri, whereby the objections filed by the petitioner against the execution of judgment and decree dtd. 16/2/1967 passed by learned Munsiff, Uri, have been rejected.

(2.) Briefly stated, the facts emanating from the pleadings are that respondent No.1, who was a minor at the relevant time, filed a suit for pre-emption with respect to land measuring 3 kanals comprised in Survey No.819/561 situated at Uranboha Uri, against one Wali Mohammad, the predecessor-in-interest of the petitioner and respondent No.2. The said suit was decreed in exparte in favour of respondent No.1 (hereinafter referred to as 'the decree holder') vide judgment and decree dtd. 16/2/1967 by learned Munsiff, Uri. The predecessor-in-interest of the petitioner applied for setting aside of the aforesaid judgment and decree dtd. 16/2/1967 but the same was dismissed by learned Munsiff, Uri, on 6/12/1977. The appeal against the said order was preferred before the District Judge, Baramulla, and the same was dismissed on 23/5/1968.

(3.) It seems that judgment and decree dtd. 16/2/1967 was challenged by the predecessor-in-interest of the petitioner of the petitioner, Shri Wali Mohammad, by way of a separate suit before the learned Sub Judge, Baramulla, but the said suit was dismissed on 18/8/1971. The appeal against the said judgment was also dismissed by District Judge, Baramulla, on 16/5/1974. Thus, the judgment and decree passed by Munsiff, Uri, on 16/2/1967 has acquired finality.