Dilip Gupta, J. - (1.) Plaintiff No. 1/4 of Original Suit No. 1021 of 1989 has filed this petition for setting aside the order dated 30.8.2007 passed by the learned Civil Judge (Senior Division), Gorakhpur in Execution Case No. 7 of 2000. The order dated 17.11.2007 passed by the learned Additional District Judge, Gorakhpur in the Civil Revision that had been filed for setting aside the aforesaid order has also been challenged.
(2.) The Original Suit had been filed by the plaintiffs for permanent injunction as well as for cancellation of the sale deed dated 4.5.1989.A joint written statement was filed by Mohd. Yahiya Kureshi (defendant No.1) and Smt. Jaibun Nisan (defendant No.2) together with the counter claim. The Trial Court by means of the judgment and decree dated 12.7.2000 dismissed the suit filed by the plaintiffs but decreed the counter claim filed by defendant Nos. 1 and 2 and the plaintiffs were directed to vacate the premises and give its possession to the said defendants within three months. Feeling aggrieved, the plaintiffs filed Civil Appeal which was dismissed on 15.2.2003. The Second Appeal filed in this Court was dismissed on 9.3.2007 and the Special Leave Petition was also dismissed by the Supreme Court on 11.5.2007.
(3.) Execution Case No. 7 of 2000 had been filed by the decree holders in which objections under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') were earlier filed by the other plaintiffs which were rejected. Subsequently the present petitioner who is plaintiff No. 1/4, filed an objection under Section 47 CPC on 27.8.2007 which was rejected by the Executing Court by the order dated 27.8.2007. The Civil Revision for setting aside the said order was also dismissed by the order dated 17.11.2007.;