J.K. Ranka, J. - (1.) BY this writ petition, the petitioners have challenged the order dated 24.7.2013 passed by the learned Judicial Magistrate, Bundi, in Execution Petition No. 32/2007. It is pleaded by the learned counsel for the petitioners that the decree was passed for some other plot whereas the actual execution was for another plot held by the petitioner and that the said execution is illegal and not permissible.
(2.) I have considered the arguments advanced by the learned counsel and has perused the impugned order and it is noticed that the trial Court decided the matter against the petitioner vide judgment and decree dated 25.10.1996 and the same was challenged before the first appellate Court, and appeal against the said order was dismissed by the appellate Court. Thereafter second civil appeal was filed before this Court and this Court vide order dated 12.4.2006 passed in SB Civil Second Appeal No. 503/1996 and SB Civil Second Appeal No. 504/1996 dismissed the appeals filed by the appellants and this Court observed as under: - - It is not in dispute that the Collector, Bundi passed an order in the year 1973 allotting the plot, in dispute, in favour of the plaintiff -respondent Narain, whereas the Gram Panchayat issued sale -deed in favour of defendant Satya Narain and Gordhan & Others in the year 1983 i.e. after ten years. Both the Courts below have recorded a finding about the ownership as well as the possession over the plot, in dispute, in favour of the plaintiff -respondent Narain.
(3.) Controversial issue involved in the present case is issue No. 1 which is purely relating to the question of fact and there is a concurrent finding of fact recorded by both the courts below in this regard and further that no substantial questions of law are involved in both the appeals. Consequently, both the appeals are dismissed at the admission stage itself with no order as to costs. Therefore, right upto this Court the finding was upheld in so far as the parties are concerned and the said finding has become final. The trial Court has to execute the decree in letter and spirit and that is what is being done by the learned trial Court accordingly, in my view, no illegality, irregularity and perversity is found in the order impugned passed by the trial Court. Accordingly, the writ petition has no force and the same is dismissed. The stay application also stands dismissed.;