R.K.Gauba, J. - (1.) This petition under Section 115 of the Code of Civil Procedure, 1908 questions the correctness, legality and propriety of order dated 14.02.2012 passed by the Additional Senior Civil Judge (Central) on the file of execution case no. 51/10 of 1983 whereby the application of the petitioners under Section 146 CPC read with Order 21 Rule 16 CPC praying for liberty to take over the execution proceedings from decree holder Lala Ram Kanwar Gupta was dismissed.
(2.) The execution proceedings related to the final decree of partition passed by the Court of Sub Judge, First Class, Delhi in partition suit bearing no.484/1976 following the preliminary decree that had been earlier granted on 26.09.1978. A copy of the decreesheet dated 27.01.1979 (pages 19-20 of the paper book) would indicate that Ram Kanwar Gupta was party to the said suit for partition, he having been impleaded as fourth defendant. The final decree for partition had allocated portion mark "M" as depicted in the site plan in his favour. For completion of narration, it may also be added that a party named Shedu, son of Haider, resident of 1219, Mohalla Raquab Ganj, Delhi was also a party to the suit as defendant no.7, but no share was apportioned to him, he statedly being a stranger who had been impleaded on his own motion.
(3.) The execution proceedings had been initiated by Ram Kanwar Gupta in 1982. It is the case of the petitioners that they had purchased portion "M" falling to the share of the said decree holder Ram Kanwar Gupta by Sale Deed executed on 05.05.1998, it having been registered on 08.05.1998.;