MOHAMMED HIFZUR RAHMAN Vs. NADRA SULTANA

JUDGEMENT

(1.) Challenge in the present revision petition filed by the petitioners-objectors/defendants No.2 and 3 under Sec. 115 CPC has been made to the order dtd. 4/9/2020 passed by the Court of Additional District and Sessions Judge No.2, Jaipur Metropolitan whereby the objections filed by the petitioners under Sec. 47 read with Sec. 151 CPC has been dismissed and the execution filed by the respondent No. 1/1 has been entertained and allowed to be proceeded.

(2.) Facts of the case in nutshell are that the respondent No.l filed a civil suit for possession and permanent injunction in relation to the suit property. The suit filed by the respondent No.l was decreed vide judgment and decree dtd. 2/9/1997. The petitioners aggrieved with the judgment and decree dtd. 2/9/1997 preferred an appeal before the First Appellate Court. Pending appeal, respondent No.l - decree holder/plaintiff expired on 13/3/1998. In the first appeal, a pre-emptory order was passed which could not be complied with by the petitioners, therefore, first appeal was dismissed in default on 20/8/2004. The respondent No. 1/1 filed execution petition claiming himself to be sole son and sole legal representative of the deceased respondent No.l - plaintiff/decree holder on 24/5/2006. Later on, respondent No. 1/1 also filed an application praying therein to treat him as legal representative of the respondent No.l. The said application was allowed order dtd. 11/7/2007.

(3.) The petitioners filed objection in the execution proceedings. Later on the petitioners also filed an application under Sec. 151 CPC for dismissing the execution petition. The respondent No. 1/1 filed reply to the objection application on17.10.2008. The petitioners also filed application under Order 11 Rule 12 and 14 CPC. The petitioners also filed application to record the evidence of party to decide the objections. The executing Court vide order dtd. 3/8/2018 declined to record the evidence and dismissed both the applications. The executing Court after hearing, both the parties on the objection application as also on the application dtd. 27/5/2019 dismissed the objections vide order dtd. 4/9/2019.