STATE OF J. & K. Vs. NABI LONE

JUDGEMENT

(1.) This Civil Revision filed by judgment debtors is directed against the order dated 2.7.2003 passed by ld. Munsiff (Sub Registrar), Srinagar and order dated 9.5.2008 passed by ld. Principal District Judge, Srinagar. Heard. I have perused the record.

(2.) Briefly, facts relevant for this revision are that a suit filed by the respondent/decree-holder was decreed by the Court of Ld. Munsiff (Sub Registrar), Srinagar by its judgment dated 31.10.1998. The relief granted, which stands incorporated in the decree sheet, reads:

(3.) In the application for execution of the decree, which was filed on 2.2.2002, respondent on 10.4.2003 moved an application seeking correction in the judgment and decree dated 31.10.1998 to the extent of deleting the term "keeping in view section 56(D) of Specific Relief Act" from there. Ld. trial Executing Court after obtaining objections from the petitioners/judgment debtors disposed of this application by the order dated 2.7.2003. In the first part of this order, ld. trial Court in exercise of power under section 47 C.P.C. read with sections 152 & 152A C.P.C. recast the decree sheet thereby in effect deleting the term "keeping in view Section 56(d) of Specific Relief Act" from the decree. The recast decree to read as: