YASHODHARA AMETA Vs. VISHNU SHANKER PALIWAL

JUDGEMENT

(1.) This revision petition is directed against order dated 12.2.09 passed by the Additional Civil Judge (S.D.) No. 3, Udaipur in Civil Misc. Case No. 6/04 whereby an application preferred by the Petitioner raising objections under Section 47 read with Section 151 Code of Code of Civil Procedure in Execution Case No. 7/04 raising objections against execution of the decree, stands rejected.

(2.) The relevant facts in nutshell are that Shri Vishnu Shanker and four others filed a suit for cancellation of sale deed dated 19.12.67 alleged to have been executed by one Shri Kundan Lal (since deceased) in favour of Ganesh Lal and Amba Lal. It was averred in the plaint that the disputed property belongs to Nandir Thakurji Charbhuja Ki Bari of Bada Paliwal Samaj and therefore, late Shri Kundan Lal had no right to sell it.

(3.) The suit was decreed by the trial Court in favour of the Plaintiffs vide judgment and decree dated 7.3.90. Aggrieved thereby two appeals were filed; one by Ganesh Lal & Amba Lal and another by legal representative of Kundan Lal, Shri Shiv Shanker.