- (1.) Instant civil execution first appeal has been filed by the appellant against the order dated 29/05/2014 passed by Additional District Judge No.5, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the executing Court') whereby, the executing Court dismissed the objections filed under Order 21 Rule 97 read with Section 47 of the Civil Procedure Code.
(2.) The brief facts giving rise to this appeal are that respondent No.1-decree holder filed a suit for permanent injunction and recovery of possession against the appellant and respondent Nos. 2 to 4 (Judgment debtors) before the executing Court. The executing Court dismissed the suit vide judgment and decree dated 30/03/2000. Aggrieved by that respondent No. 1 filed S.B. Civil first appeal No. 184/2000 before this Court. The appeal was allowed by this Court vide judgment and decree dated 20/12/2011 and this Court has quashed and set aside the judgment and decree dated 30/03/2000 against which respondents No. 2 to 4 filed a Special Leave Petition (Civil) No. 6659/2012 before the Hon'ble Apex Court, the same was dismissed by the Hon'ble Supreme Court vide order dated 02/03/2012. Respondent No. 1 to 3 also filed a review petition (Civil) No. 977/2012 which was also dismissed by the Hon'ble Supreme court vide order dated 11/07/2012. Thereafter an objection petition under order 21 Rule 97 read with Section 47 of the Civil Procedure Code has been filed by the appellant before the executing Court, the same was dismissed vide order dated 29/05/2014. Aggrieved by the same the appellant preferred the present appeal.
(3.) Heard learned counsel for the parties and perused the material on record minutely and carefully.;