P.K.LOHRA,J. - (1.) Petitioner/judgment-debtor has preferred this writ petition under Article 226 and 227 of the Constitution of India to assail impugned order dated 29th April, 2013 (Annex.9) passed by District Judge, Churu (Appellate Court) dismissing appeal of the petitioner as not maintainable, thereby upholding the order dated 23rd August, 2012 (Annex.5) passed by learned Civil Judge (Junior Division), Churu (Executing Court) and so also the order (Annex.5).
(2.) The facts, apposite for the purpose of this writ petition, are that respondent/decree-holder Trust instituted a civil suit for cancellation of sale-deeds dated 16th April 1979 and 21st June 1979 and for recovery of possession against petitioner, his wife, mother and two others. The suit filed by the Trust is decreed by Civil Judge, Churu by its judgment and decree dated 28th August, 1993 cancelling both the sale-deeds and for restoration of possession of the suit property to the respondent-Trust.
(3.) For executing decree, the respondents moved execution petition before the learned Executing Court on 8th of November, 2005 seeking possession of the land measuring 16,500 sq. yards described as 'Bari Ki Zameen' (adjacent to Chatri) as well as land measuring 450 sq. yards of Dharmshala and one shop constructed on the land measuring 3871 sq. mtrs. allegedly transferred pursuant to two sale-deeds dated 16th April, 1979 and 21st June, 1979 respectively.;