JUDGEMENT
DEV DARSHAN SUD,J. -
(1.)THIS revision has been preferred by the
Judgment Debtor against the order of the learned
Executing Court, dismissing the objections filed by
the petitioner Judgment Debtor under Section 47 of
the Code of Civil Procedure.
(2.)THE case has a very chequered history. The suit, after contest in the learned trial Court, has
seen its course through the appellate procedure
including appeal/ review to this Court and Special
Leave Petitions which were filed in the Hon'ble
Supreme Court of India.
This Court, in the second appeal, upheld the decree in favour of the plaintiff after which the
matter was taken up in the Hon'ble Supreme Court. A
review Petition (Civil Review No. 40/1998) was also
filed in this Court which was dismissed. Against this
order, Special Leave Petition (Civil) 1369/1999 was
preferred which was dismissed by the Hon'ble Supreme
Court on 10.1.2000. The decree is now being executed.
(3.)THE Judgment Debtor has resisted execution of the decree principally on the ground that the
property of which possession is to be delivered has
not been properly identified in the execution
petition. Another objection put forward by the
Judgment Debtor is that an application under Sections
152, 153 and 153-A of the Code of Civil Procedure was moved by the Judgment Debtor for correction of the
clerical and arithmetical mistakes arising out of the
accidental slip or omission in the judgment and decree
with respect to the immovable property as described in
clause A of the heading of the plaint. Initially,
this application was filed in this Court which was
registered as CMP 790 of 2002 and was later on sent to
the trial Court for decision. By an order dated
13.2.2003, the correction has been carried out by consent of the parties.
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