MURARI LAL AND ANOTHER Vs. RAM PARKASH & OTHERS
LAWS(P&H)-2001-5-212
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 29,2001

Murari Lal And Another Appellant
VERSUS
Ram Parkash And Others Respondents

JUDGEMENT

R.L. Anand, J. - (1.) By this order I dispose of four Civil Revisions i.e. C.R. Nos. 167, 168, 169 and 170 of 1992, as all these four revisions have arisen from the order dated 5.12.1991, passed by Additional District Judge, Narnaul, who set aside the order of the trial Court dated 24.3.1990, passed by the Court of Senior Sub Judge, Narnaul and remanded the objection-petition to the trial Court decided all the issues after recording the evidence.
(2.) Brief focus of the case are that Murari Lal and others got a preliminary decree for partition on 25.11.1958 which remained confirmed upto the High Court and the order of the High Court is 12.3.1969. Final decree was passed on 14.6.1980 and this decree was also confirmed by the High Court on 16.8.1985. Thereafter, the decree-holder filed execution on 12.6.1986. During the course of execution application, the respondents filed the objection on 24.7.1986 alleging that they are the tenants of the property and that they were not party to the main suit and in these circumstances, the physical possession could not be taken from them. The objections were dismissed vide order dated 24.3.1990.
(3.) Not satisfied with the said order, the respondents filed an appeal before the Court of Additional Judge, Narnaul who vide the impugned order dated 5.12.1991 allowed the appeal and remanded the case to the trial Court to decide all the issues after recording the evidence.;


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