VIMAL KUMAR KHATI Vs. SHANTI DEVI MALI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner-judgment debtor against the order dated 20.10.2014 passed by Civil Judge, Tonk in Execution Case No. 7/2006, whereby the objections filed by the judgment debtor under Section 47/151 C.P.C. have been dismissed.

(2.) Brief facts of the case are that Prahlad was the owner of the house in dispute. He sold it to the petitioner-judgment debtor Vimal Kumar vide registered sale deed dated 7.5.1974. Plaintiff Meri Lal filed a suit for pre-emption of the part of house sold to the petitioner-judgment debtor Vimal Kumar before the Munsiff and Judicial Magistrate, Tonk (hereinafter referred to as 'the Trial Court') .

(3.) The defendants filed the written statement. Issues were framed by the Trial Court. Evidence was led and after hearing the arguments, the Trial Court vide its judgment and decree dated 10.5.1976 decreed the plaintiff's suit for pre-emption. Aggrieved thereby one of the defendant namely, Vimal Kumar filed a Civil Regular First Appeal. The same was dismissed by Civil Judge, Tonk, vide its judgment and decree dated 22.2.1984. Thereafter, the defendant Vimal Kumar filed S.B. Civil Second Appeal No. 79/1984 before this Court. During the pendency of the said appeal, plaintiff Meri Lal expired and his LRs were brought on record. The Coordinate Bench of this Court vide its judgment dated 2.1.2006 dismissed the second appeal and affirmed the judgment and decree passed by the Courts below. Special Leave to Appeal (Civil) No. 10052/2006 was filed by Vimal Kumar against the judgment dated 2.1.2006 passed by the Coordinate Bench of this Court, which was also dismissed by the Hon'ble Apex Court vide order dated 7.7.2006.