GOPAL SHARAN Vs. RADHA DEVI

JUDGEMENT

(1.) Instant appeal impugns the judgment dated November 15, 1983 of Additional District Judge No. 2, Jaipur City, Jaipur in Execution Case No. 8/1983 (28/1981) whereby learned executing Court observed that the appellants were not entitled to actual physical possession of the property in question, however they could get symbolic possession.

(2.) Contextual facts depict that vide decree dated December 20, 1980 learned District Judge Jaipur City issued directions in favour of the appellants and against respondent No. 13 to the effect that on depositing by appellants Rs. 4S999/- within two months of the date of decree a sale deed would be executed by respondent No. 13 in favour of appellants and possession of the property would be handed over to the appellants. Pursuant to the directions, the appellants deposited the amount. Since, respondent No. 13 avoided to execute the sale deed, it was executed and got registered by the Court. The appellants thereafter filed execution petition seeking possession of the property in question. When Nazir, proceeded to execute the decree the respondents No.1 to 12 and 4 others resisted the delivery of possession. Upon the report of Nazir, notices were issued to the obstructors, who jointly filed their objections. Learned Executing Court recorded evidence and decided objections as indicated above.

(3.) I have pondered over the rival submissions.