Ram Singh and Others vs Jagan Nath and Others

Paramjeet Singh, J.—Instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.12.2012 passed by learned Civil Judge (Sr. Divn.), Fatehabad whereby the objection filed by the judgment debtor has been dismissed. I have heard learned counsel for the parties.

The only ground taken in the present petition is that the execution application was moved after the expiry of limitation period.

Learned senior counsel for the respondents has brought to the notice of this Court that vide order dated 12.10.1981 passed in regular second appeal No. 1999 of 1981, the said dispossession was stayed. The said regular second appeal was subsequently decided on 10.09.2003. The learned senior counsel relies upon the judgment of the Hon''ble Supreme Court in Chandi Prasad and Others Vs. Jagdish Prasad and Others, and judgment of this Court in Sita Ram Vs. Smt. Mahadi and Others, to contend that there was no delay in execution application in view of stay of dispossession by this Court as aforesaid. Even otherwise decree becomes executable on decision of appeal even if there is no stay.

In view of the above, I do not find any illegality or perversity in the impugned order. Dismissed.