KISHAN SHARMA Vs. MANOHAR LAL AND ORS

JUDGEMENT

(1.) The appellant/plaintiff has filed the appeal under Section 96 of the Civil Procedure Code being aggrieved by the judgment and decree dated 9.3.06 passed by the Court of First Additional Judge to the Court of District Judge, Shivpuri in Civil Suit No.57-A/05 dismissing the suit holding that the suit was not maintainable and appellant/plaintiff was advised to file execution proceeding in pursuant to the judgment and decree dated 19.9.96 rendered in earlier Civil Suit No.11A/89. In this appeal appellant is referred as "plaintiff" and the respondent as "defendant."

(2.) The admitted facts are as follows -

(3.) After that the plaintiff again filed a civil suit for partition and possession with regard to 1/4th share of the same property. The aforesaid suit was registered as Civil Suit No.57-A/2005. The trial Court vide impugned order dated 9.3.06, dismissed the civil suit on the ground that the High Court has already allowed the appeal of the plaintiff with regard to his title to 1/4th share and partition and delivery of possession in the disputed property and the plaintiff was advised to file the execution proceedings. Thereafter the petitioner filed execution proceedings before the trial Court with regard to execution of judgment and decree passed in Civil Suit No.11-A/89, in pursuance to the judgment and decree passed by the High Court in F.A. No.19/1993. The executing Court dismissed the execution proceedings vide order dated 13.09.07 after holding that there is no decree for partition and delivery of possession in favour of the plaintiff.