ZULFIKAR AHMAD Vs. BRIGADIER RAVI KUMAR

JUDGEMENT

(1.) The petitioners who were defendants in Eviction Title Suit No. 16 of 2009 are aggrieved of order dated 12.04.2016 by which their application under Section 47 CPC has been rejected.

(2.) Stand taken by the petitioners is that once the trial court has found that the defendants have deposited Rs. 1,25,000/- with the plaintiff as advance, before decree in the suit is executed the aforesaid amount must be returned to the defendants.

(3.) Against the judgment and decree passed in Eviction Title Suit No. 16 of 2009 the defendants have preferred Title Appeal No. 01 of 2014 which has been dismissed by judgment dated 09.06.2014. The second appeal being S.A. No. 135 of 2014 preferred by the defendants was also dismissed by an order dated 07.09.2015. The suit is for ejection of the defendants from the suit premises and accordingly, a decree has been prepared, signed and sealed. On the question of refund of Rs. 1,25,000/- by the plaintiff to the defendants, suffice would be to indicate that in the eviction suit the defendants have not preferred any counter-claim or filed a cross-suit for refund of the aforesaid amount (para 22 of the appellate order) and while so, objection of the defendants under Section 47 CPC has rightly been rejected by the executing court.