RAJENDRA SINGH Vs. MANJOOR KHAN

JUDGEMENT

(1.) HOW the delay in execution of the decree and sale certificate can defeat the equity and execution of decree can be glaringly seen in the present case. The present petitioner Rajendra Singh S/o Brij Mohan Singh has approached this Court aggrieved by the order Annex. 9 dt. 8.5.2009 passed by the learned Executing Court below of learned Additional Dist. Judge No. 1, Bikaner in execution case No. 6/1992 - -Brij Mohan Singh vs. Manjoor Khan & Ors., rejecting the application of the petitioner under Order 47 C.P.C. read with Sec. 152, Order 7 Rule 3 and Order 20 Rule 3 C.P.C. following its earlier order dt. 26.4.1995, though upon revision petition being SB Civil Revision Petition No. 340/1995 -Manjoor Khan vs. Brij Mohan Med against the said order dt. 26.4.1995 by Manjoor Khan son of judgment debtor Bage Khan against the present petitioner Brijmohan Singh, a coordinate bench of this Court while disposing of the said Revision Petition on 24.10.2000 clearly upheld the decree and directed that possession of land in question measuring 1215 sq. yards as per decree -sheet with the neighbourhood description given in para 2 of the suit and directed that the decree be executed.

(2.) THE controversy before the executing Court below twice over appears to have arisen because of judgment debtor Bage Khan, whose said plot of land was sold in a court auction in favour of father of present petitioner, namely, Brij Mohan Singh on 5.12.1970 vide Sale Certificate Annex. 1 and judgment debtor Bage Khan sold part of plot to the objector in the executing proceedings, namely, Choru Ram, whose son Lal Chand is respondent No. 4 in the present writ petition and is being represented by Mr. S.G. Ojha, learned counsel appearing for Choru Ram.

(3.) A part of the land on the eastern side of the land of the judgment debtor Bage Khan, whose son Manjoor Khan is now on record, is said to have been sold to Choru Ram Suthar vide sale -deed dt. 24.5.1973. On the basis of this sale -deed, the respondent No. 4 Choru Ram Suthar and his son Lal Chand appears to have raised objections before the learned executing Court that the neighbourhood given in the decree do not match with the Commissioner report and therefore, in execution of decree the possession could riot be handed over since oh the eastern side, the residence of Choru Ram exists.