Through: Mr. Ravi Gupta, Sr. Advocate with Mr. Vipin K. Singh, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
1. By the impugned order dated 11th February, 2015 the objections filed by the Petitioner/Judgment Debtor Balwan Singh, legal heir of Dalel Singh, the Defendant in the suit and the objections of Mrs. Jeet Kaur, wife of Dalel Singh have been dismissed.
2. A brief exposition of facts is that a suit was filed in the year 1969 by Lachman Singh son of Chhattar, Rati Ram, Zile Singh sons of Magni for possession against Dalel Singh alleging that he had illegally and without their consent assumed possession of the suit property/land comprising Khasra No.736, Village Munirka, Delhi admeasuring 5 bighas in the year 1962. The suit was dismissed by the learned Trial Court vide order dated 4 th June, 1973 being barred by limitation and it was held that Dalel Singh had become the owner of the property by adverse possession. On an appeal preferred being RSA No. 247/1973 this Court set aside the judgment of the learned Trial Court and remanded the matter for fresh decision. The suit was then registered as Suit No. 113/1974. Vide the judgment dated 1st May, 1976 the suit was decreed in favour of Lachman Singh, Rati Ram and Zile Singh and against Dalel Singh. An appeal was preferred by Dalel Singh being Civil Appeal No. 61/1976 before the learned Additional District Judge which was dismissed on 17th February, 1979. Dalel Singh thus filed RSA No.36/1979 before this Court however, during the pendency of RSA the Respondent Lachman died and his legal heirs were impleaded as parties. On 14th November, 2011 Dalel Singh died and thus his son Balwan Singh was substituted besides his wife and three married daughters. RSA No.36/1979 was dismissed on 19th February, 2013 holding that no substantial question of law was involved. Special Leave Petition No.23680/2013 filed by Balwan Singh, LR of Dalel Singh is still pending. Thus the Decree Holder filed an execution petition.