A.C. Goyal, J. - (1.) - This appeal under Section 96 of Civil Procedure Code (in short C.P.C.) is preferred against the order dated 21.1.2003 whereby the learned District Judge, Jaipur City, Jaipur dismissed the objections filed by the appellant under Order 21 Rules 97 and 99 C.P.C. in Execution Petition No. 5/1986.
(2.) The facts in brief leading to this appeal are that the respondent-decree holder Mool Chand filed a civil suit (No. 109/1981) for specific performance of the contract dated 31.8.1980 for plot No. C-41, Tilak Nagar, Jaipur against Sh. Sobhag Mal Jain (now deceased). Sh. Sobhag Mal Jain contested the suit. After trial, the suit was decreed on 6.11.1982 in favour of Mool Chand for specific performance of the contract. The plaintiff was directed to deposit a sum of Rs. 70,000/- in the court and thereafter the defendant Sh. Sobhag Mal Jain was directed to get the sale deed registered in favour of Mool Chand and to hand over the possession of the suit property. Sh. Mool Chand deposited the said amount in the court on 27.11.1982. Civil First Appeal preferred by Sh. Sobhag Mal Jain against the judgment and decree dated 6.11.1982 was dismissed with costs by this Court on 6.5.1985 and D.B. Civil Special Appeal No. 63/1985 filed by Sh. Sobhag Mal Jain was also dismissed by this Court on 3.10.1985. Decree holder Sh. Mool Chand filed execution application in the court of learned District Judge, Jaipur City, Jaipur and the same was registered as execution application No. 5/1986. Thereafter, Sh. Sobhag Mal Jain filed objections in execution case No. 5/1986 and the same were dismissed. Revision Petition No. 337/1986 filed by Sh. Sobhag Mal Jain against the order dated 7.4.1986 dismissing the objections was also dismissed on 29.4.1986 by this Court. Thereafter, sale deed was got executed and registered by the Court in favour of Sh. Mool Chand and proceedings for delivery of possession of the said property continued.
(3.) Thereafter, Smt. Shakuntala Devi and Ramesh Chand filed a civil suit No. 221/196) claiming the said property. Sh. Sobhag Mal Jain was also impleaded as a defendant in this civil suit. This suit was tiled on the basis of one earlier agreement for purchase of this property from Sh. Sobhag Mal Jain. This civil suit was dismissed by learned Additional District Judge No. 1, Jaipur City, Jaipur on 23.10.1998. It is also stated here that in civil suit No. 221/1986, Sh. Mool Chand was restrained from further executing the decree dated 6.11.1982. Civil First Appeal No. 10/999 filed by Smt. Shakuntala Devi and Ramesh Chand was also dismissed by this Court. However, this Court allowed them to file objections under Order 21 Rule 97 Civil Procedure Code. Thereafter, objections were filed by Smt. Shakuntala Devi and Ramesh Chand on 2.9.2000 and on 17.2.2001, the Executing Court closed evidence of the objectors and Civil Revision No. 266/2001 preferred by the objectors against the order dated 17.2.2001 was allowed by this Court by granting last opportunity to the objectors to examine their witnesses on 24.3.2001 and to decide the objections by 23.4.2001. The objectors again failed to examine their witnesses and the Executing Court vide order dated 23.4.2001 dismissed the objections and this Court also dismissed Civil First (Execution) Appeal No. 2/2001 filed by Smt. Shakuntala Devi vide order dated 30.6.2003 with costs of Rs. 3,000/-.;