SUDHIR NARAIN - (1.) This writ petition is directed against the order dated 22-11-2000 whereby the appellate Court held that the execution application filed by the contesting respondents was within time.
(2.) Briefly stated the facts are that the petitioners filed suit No. 260 of 1959 for partition against defendant-respondents Nos. 2 to 8. The Court passed a preliminary decree on 25-4-1962. The final decree was prepared on 7-5-1968.
(3.) The defendant-respondents applied for execution of the final decree on 6-8-1978, which was registered as Execution Case No. 279 of 1968. The plaintiff-petitioners filed Civil Appeal No. 502 of 1968 against the judgment of the trial Court. The appeal was dismissed on 21-3-1969. The petitioners preferred Second Appeal against this order. The High Court allowed the appeal and remanded the case to the appellate Court to decide the appeal afresh. The lower appellate Court, after remand of the matter, again dismissed the appeal on 4-1-1974. During the pendency of the above appeal the execution application No. 279 of 1968 was rejected by the executing Court on 19-4-1971.;