KRISHNA DEVI Vs. HARBHAJAN LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 29.9.2001, passed by learned Sub Judge 1st Class, Court No.l, Una (H.P.) By means of impugned order objections under Section 47 of the Code of Civil Procedure, in Execution Petition No.8/98, filed by the present petitioner -judgment debtor, have been dismissed and warrant of possession was ordered to be issued on filing of P.P. for 15.12.2001.

(2.) At the time of hearing of this revision petition, learned counsel for the parties were not at variance that Civil Suit No. 153/88 was filed by the respondent, wherein preliminary decree was passed on 17.12.1992. Thereafter an application was filed for passing final decree by the respondent. Trial Court registered it as CMA No. 28/93. Vide judgment and decree dated 4.4.1998, final decree was passed after objections filed by the present petitioner/judgment debtor against the report of the Local Commissioner were dismissed.. Thus the report of Local Commissioner Ext.PA was confirmed. Decree sheet was drawn accordingly. Petitioner feeling aggrieved by the said judgment and final decree preferred RSA No.424 of 1999 in this court. It came up for consideration before this court on 24.7.2000, after hearing both sides, it was dismissed.

(3.) In the aforesaid background when execution was levied by the respondent -decree holder for getting possession of the land in terms of the final decree, objections were filed by the petitioner -judgment debtor. It may be noted that prior to the present objection petition, petitioner had preferred objections under Section 47 vide objection petition dated 25.9.1999. Those were dismissed by the trial Court on 30.6,2001.