ANIL KUMAR, J. - (1.) HEARD Shri Mohd. Arif Khan, learned Senior Advocate appearing on behalf of the petitioner, learned State Counsel and perused the record.
(2.) FACTS in brief of the present case are that husband of the petitioner/late Shri Shiv Narain filed a Regular Suit No.32 of 1968 for partition in respect of the properties shown in the list A, B and C filed along with the plaint. The suit was contested by the defendants who have filed their written statement, by judgment and decree dated 31.03.1976, the suit was decreed and preliminary decree was passed.
(3.) AGGRIEVED by the same, defendants/respondents filed First Appeal No.30/1976, dismissed by judgment and order dated 26.08.1996 passed by this Court. Thereafter, petitioner/plaintiff filed an Execution Case No.1/1999. In the said execution case, defendants moved an application praying therein that item no.2 and 7 shown in schedule 'A' be allotted to the petitioner and in lieu thereof, they may be allotted property shown at item nos.1 and 9.;