RAJA RAM Vs. SHEKHAR AND ORS.

JUDGEMENT

(1.) THIS revision petition has been filed by the judgment debtor Raja Ram alias Rajiya being aggrieved by the order dtd.17.8.2005 passed by the learned Executing Court in Civil Misc. Case No. 60/1995 - Achleshwar, decree holder v. Raja Ram, judgment debtor.

(2.) THE present case has long chequered history, but the controversy involved in the present revision petition is very narrow one and this case appears to be glaring example of how a judgment debtor has avoided execution of the decree passed by the Court way back on 22.10.1974 about 35 years back so far though this decree was upheld even upto the High Court with the dismissal of second appeal under Section 100 C.P.C. on 11.5.1992 about 16 years backs

(3.) ON the side opposite, Dr. R.S. Rajpurohit, learned Counsel appearing for the decree holder Achleshwar represented now through his LRs. Shekhar and ors submitted that this whole exercise of litigation has been undertaken by the present petitioner - the judgment debtor not to permit the decree dtd. 22.10.1974 being executed and despite his earlier revision petition No. 85/1996 Raja Ram v. Shekhar having been dismissed by this Court on 5.11.2003, the present revision petition is almost action replay of the same revision, which was dismissed on 5.11.2003 and therefore, the present revision petition deserves to be dismissed with exemplary costs and the decree should be allowed to be executed and the possession of the land in question should be handed over to the decree holder who has now waited for almost 35 years.