M.Y. Eqbal, J. - (1.) The suit for partition was filed in the year 1983 being Partition Suit No. 91 of 1983. The defendant-appellant appeared and contested the suit by filing Written Statement etc. The suit was eventually decreed in the year 1997 and the preliminary decree was passed. Thereafter a final decree proceeding was initiated. In that final decree proceeding, the defendant-appellant appeared and participated in the proceeding. A Pleader Commissioner was appointed who submitted his report and the same was ultimately affirmed and a final decree was passed. Thereafter Execution Case was levied being Execution Case No. 1 of 2002. In that Execution Case also the defendant-appellant appeared and filed objections. It was only after the executing Court issued necessary processes for delivery of possession by deputing armed forces, the defendants have preferred appeal before the District Judge who after recording the reasons of delay of eight years dismissed the appeal. Hence, this Second Appeal.
(2.) Prima facie, after going through the judgments of the two courts, I am of the view that the purpose of filing the appeal was to halt the execution of the final decree. It is a matter of great concern that more than 25 years have passed but the plaintiff-respondents have not get the fruits of the decree till date.
(3.) Hence, in my opinion, this appeal has no merit and no substantial question of law is involved in this appeal. This appeal is accordingly, dismissed. Appeal dismissed. ;