SUKHBIR SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) Petitioners have preferred this revision petition against the order dated 29.01.2018 passed by Civil Judge (Senior Division), Patiala, whereby the executing Court allowed the application of the judgment debtor(s) for revival of the execution petition by directing the decree holder(s) to pay compensation to the tune of Rs.9.9 lacs as assessed by the Field Kanungo on account of Ziri crop harvested by the decree holder(s) at the time of taking possession of the land and to pay Rs.1 lac each on account of two motor connections along with kothas and also to make payment as assessed by AW-4 and AW-6 on account of compensation for fish farm and 500 eucalyptus trees as per assessment of the aforesaid witnesses.

(2.) Petitioners/plaintiffs filed a suit for declaration and possession on the basis of sale deed dated 17.03.1994, which was executed by legal representatives of original allottee Jindu Ram. The said suit was decreed vide judgment and decree dated 24.08.2002 passed by the trial Court. Judgment debtors therein remained unsuccessful in the appeal before the Lower Appellate Court, which was dismissed vide judgment and decree dated 15.05.2004. Even RSA No.3558 of 2004 was dismissed by the High Court on 24.09.2008. The execution petition was filed by the decree holders/petitioners, which was contested by the judgment debtors. During pendency of the execution petition, a report in respect of standing crop was prepared by the office Kanungo and possession was delivered to the decree holders. Thereafter, decree holders withdrew the execution on 20.11.2014 being fully satisfied.

(3.) On 12.12.2014, judgment debtors filed an application before the executing Court by relying upon a report of the Field Kanungo for revival of execution and restoration of possession. The said application has been allowed vide the impugned order.