BODULAL Vs. HANUMAN

JUDGEMENT

(1.) The present writ petition has been filed assailing the order dtd. 22/5/2025, passed by the learned Senior Civil Judge, Nasirabad, District Ajmer, in Civil Execution Petition No. 12/2019, whereby the application filed by the judgment-debtors-respondents under Sec. 47 CPC, raising objections to the maintainability of the execution proceedings, came to be allowed, and as a consequence thereof, the execution petition filed by the decree-holder-petitioner was dismissed.

(2.) The controversy, in a narrow compass, arises out of a suit for permanent injunction instituted by deceased plaintiff Bodulal, predecessor-in-interest of the present petitioner. The suit pertained to ancestral property comprised of Khasra No. 3217, admeasuring 14 Biswa and 10 Biswanshi, which, as per the revenue record, stood recorded in the names of the plaintiff's father late Ramdev and proforma defendant's father late Shravan. It was averred in the plaint that the plaintiff had been in continued possession of the said land and was using the same, inter alia, for storing animal fodder.

(3.) Aggrieved thereby, defendant-respondent No. 2 Pappudi, preferred Civil Appeal No. 37/2018 (26/2015), before the learned District and Sessions Judge, Nasirabad, Ajmer. The learned Appellate Court, vide judgment dtd. 21/12/2024, dismissed the appeal and affirmed the judgment and decree dtd. 29/10/2015. It was observed that the appellants had failed to substantiate their plea of continuous possession for 60-70 years. The Appellate Court further noted that no objection had been raised on the Commissioner's report, which formed part of the record of the suit proceedings.