ABDUL RASHID DAR Vs. MOHD ISMAIL

JUDGEMENT

(1.) This is a motion for the admission of a civil revision directed against the order dt. 20-3-1987 passed by the learned Munsiff, Pulwama, rejecting an application of the petitioner herein filed by him as an objector in the execution proceedings.

(2.) Briefly stated, the facts giving rise to this revision are that about 15 years back the respondent No. 3 herein filed a suit for declaration and possession in respect of the suit property in question against the respondents 1 and 2 who are brothers of the petitioner. The petitioner was not a party in that suit. The said suit was decreed by the learned Munsiff, Pulwama, which was confirmed by the District Judge and also by the High Court in the second appeal. The decree holder respondent 3 herein filed an application for execution of the decree. The petitioner objected to it and filed a suit for declaration and injunction in this behalf. Along with the suit he filed an application for temporary injunction which was rejected by the Trial Court. He took a revision against the order of rejection which was dismissed by the High Court. Later on, his suit was also dismissed in default of appearance somewhere in 1966. Consequently, the decree holder again pressed for execution of the decree. The executing court issued orders in this regard. The petitioner again objected and this time filed an application in the executing court alleging the same grounds which were raised by him in the suit mentioned above. The said suit was abandoned by him and therefore dismissed. The executing court called for objections from the decree holder in respect of the application of the petitioner, and after heating the parties dismissed his application. Hence, this revision.

(3.) Heard learned counsel for the parties on the admission of this revision. The record was also examined.