1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR Indra Bai & Ors. Versus Murti Thakur Chaturbhuj Nathji & Ors. S.B. CIVIL REVISION PETITION No.140/2005 DATE OF ORDER : 13/09/2006 Hon'ble Shri Justice Ajay Rastogi Shri Vinod Kumar Tamoliya for ] for petitioners Shri N.K. Maloo ] BY THE COURT: Instant revision petition has been filed by the petitioners against the order dated 29th August, 2005 whereby their suit u/s.6 of the Specific Relief Act, 1963 for restoration of possession of the suit property was dismissed by the learned trial Judge. This is not disputed by the counsel for petitioners that the ex-parte decree was passed by the competent court of jurisdiction and after its execution, the possession of the suit property was handed over to the decree-holder. The petitioners failed to avail remedy either for setting aside the ex-parte decree or raising objection before the Executing Court and possession of the suit property in question has been taken in accordance with law. The suit was filed by the petitioners u/s.6 of Specific Relief Act for forceful and unlawful possession taken from them by invoking provisions under the Act, 1963. The learned trial Judge after taking into 2 consideration recorded a finding that since the possession has been taken over from the petitioners of the suit property in question in accordance with law and the remedy available to the petitioners either against the ex-parte decree or before the Executing Court was not exercised, as such dis-possession of the petitioners in no manner can be considered to be forceful or unlawful. I do not find any error committed by the learned trial Judge in rejecting their suit under order impugned dated 29th August, 2005. Consequently, the revision petition fails and is hereby dismissed. [Ajay Rastogi],J. FRBOHRA,JR.P.A.