MOHAN SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated 21.02.2013 (Annexure-P/15) passed by Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Vijaynagar, district Sri Ganganagar in Execution Proceeding No.61/96 (Dilip Singh and Ors. Vs. Pritam Singh), whereby the executing court allowed the application of respondent No.1, Pritam Singh and execution proceedings were ordered to be dropped holding that the decree passed by Additional District Judge, Raisinghnagar in Appeal No.5/94 dated 24.09.1996 has been satisfied and possession of the disputed property has been handed over to respondent No.2, Puran Singh s/o Dilip Singh, the decree holder.

(2.) Brief facts relevant and necessary for the disposal of the present writ petition are that one Dilip Singh, father of the present petitioners and respondent No.2, purchased a residential plot No.30 in Chak No.8-APD, at present Chak No.7-APD (Bhatiwala) from Hari Ram on 08.09.1969. Respondent No.1 - Pritam Singh allegedly had taken possession of the property in question illegally. Dilip Singh filed a civil suit before the Additional Civil Judge (Jr. Division) and Judicial Magistrate, First Class, Anoopgarh for dispossession of the respondent No.1 from the property in question. The trial court dismissed the suit vide judgment and decree dated 02.09.1994 (Annexure-P/1).

(3.) Feeling aggrieved against the judgment and decree dated 02.09.1994 passed by the trial court, Dilip Singh preferred an appeal before Additional District Judge, Raisinghnagar. The appellate court allowed the appeal and set aside the judgment passed by the trial court vide judgment dated 24.09.1996 (Annexure-P/2).