MEHTABA Vs. STATE

JUDGEMENT

(1.) BEFORE dealing with the case on its merits, it may be appropriate to put on record that despite service of notice through registered post respondents have not appeared to contest this case. This court had send for the State counsel/Government Advocate so as to seek their assistance in this case, but despite best efforts put forth by the Court none of the State counsel chose to appear in this case. The Court is left with no option but to decide the case on its merits on the basis of record available and submissions made at Bar by learned counsel for petitioner.

(2.) THE facts of the case briefly summarized as under:

(3.) PETITIONER filed execution petition, seeking execution of the said decree before the trial court. Respondents appeared before the trial court in execution proceedings and filed their objections. It appears that objections so filed were rejected by the executing court on 20.05.06, against which revision petition No. 85/06 was filed before this Court.