SBCWP No.3809/2008 LRs of Deva Ji Vs. Ramesh Chandra & Ors 1 SBCWP No.3809/2008 LRs of Deva Ji Vs. Ramesh Chandra & Ors DATE OF ORDER : - 23.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Deelip Kawadia, for the petitioner. Mr. Sandeep Saruparia, for the respondents. <><><> Heard learned counsel for the parties. The suit for specific performance of contract was filed by the plaintiff against Devaji who submitted the consent written statement. The trial court passed the decree in favour of the plaintiff on 2nd June, 2000. In the execution, which was filed after the death of Devaji the legal representatives of Devaji were also impleaded as party by the plaintiff decree holder. Devaji's wife appeared in the execution proceedings in the trial court and submitted applicatin on 28.1.2006 that her children are minor and no proceedings can be initiated against minors without there being proper representation through guardian. However, according to her, those minors who were being represented in this writ petition by the wife of Devaji being natural guardian has objection to execution, is raising this plea. Learned counsel for the petitioners submitted that SBCWP No.3809/2008 LRs of Deva Ji Vs. Ramesh Chandra & Ors 2 minors had no right, title or interest in the property in dispute nor they are in possession of the property and, therefore, the decree holder could not have launched execution against these minors. It is also submitted that issuance of notice to the minors and minors' guardian is necessary. I considered submissions of learned counsel for the parties. The minors were necessary party or at least proper party in the execution petition because the judgment-debtor Devaji died after decree. Therefore, they were rightly impleaded as party. The present petition has been preferred by the minors through their mother – the natural guardian, yet it has been objected that the minors' representation is not full and effective representation in execution even when the same petitioner no.1 is taking care of minors in this petition. So far as contention of learned counsel for the petitioner that the minors had no right, title or interest in the property and are not in possession of the property clearly suggested that any objection raised by these minors SBCWP No.3809/2008 LRs of Deva Ji Vs. Ramesh Chandra & Ors 3 is absolutely frivolous against the execution of the decree. In view of the above reasons, I do not find any merit in this writ petition. Hence, the writ petition of the petitioner is dismissed being devoid of merit. (PRAKASH TATIA), J. c.p.goyal/-