Civil Revision No. 470 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 470 of 2010 (O&M) Date of decision: 24.08.2010 Narender Mohan ....Petitioner Versus Ram Chander and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Ajay Jain, Advocate, for the petitioner. Mr. J.P. Sharma, Advocate, for respondent No.1. Mr. J.V. Yadav, Advocate, for respondent No.2. ***** VINOD K. SHARMA, J (ORAL) The petitioner has invoked the supervisory jurisdiction of this Court to challenge the order dated 8.1.2010 passed by the learned Civil Judge (Junior Division), Mahendergarh, vide which the objections filed by the judgment-debtor, to the execution of the decree have been ordered to be dismissed. Paliya alias Richpal filed a suit for specific performance of agreement to sell against the judgment-debtor. The suit was decreed. However, during the pendency of the first appeal Paliya died. On the application moved by two sets of parties, the learned lower appellate Court impleaded respondent No.1, 3 and 4 on the basis of natural succession and respondent No.2 on the basis of 'Will'. After the judgment and decree was passed, two sets of Civil Revision No. 470 of 2010 (O&M) -2- execution applications were filed; one by respondent No.1, Ram Chander and other in the name of Paliya through legal representative Hari Ram. The execution application moved by Ram Chander was ordered to be dismissed on 3.10.2009. The operative part of the order passed by the learned Executing Court reads as under: - “The Petition Ram Chander vs. Narender Mohan No.7/16.02.2008 and Petition No.84/01.12.2007 titled Palia Vs. Narender Mohan were consolidated by Order of this Court dated 27.05.2009. In Petition Ram Chander vs. Narender Mohan execution has been seeked of the decree dated 01.10.2007 which as observed above was passed against the JD for executing Sale Deed in favour of Hari Ram, present applicant Ram Chander was also a party in that judgment of learned Additional District Judge, Narnaul dated 01.10.2007 however, decree was passed directing execution of Sale Deed in favour of Hari Ram hence present applicant Ram Chander has no locus standi to get the Sale Deed execution in furtherance of decree in his favour, hence objections filed by Hari Ram are allowed. Consequently Petition Ram Chander Vs. Narender Mohan No.7/16.02.2008 stands dismissed.” In spite of the fact, that the execution application moved by Ram Chander was dismissed on 3.10.2009, the learned Executing Court has now passed an order dismissing the objections filed by the petitioner to the execution by Ram Chander. The learned Executing Court while dismissing the objections has ordered that the sale deed be executed in favour of the decree-holder Ram Chander through Local Commissioner. Learned counsel for the petitioner challenged the impugned order only on the ground, that the impugned order cannot be sustained, as the execution application filed by Ram Chander already stood Civil Revision No. 470 of 2010 (O&M) -3- dismissed, and the order has attained finality. It was, therefore, not open to Ram Chander, to file or revive the execution application, nor learned Executing Court had the jurisdiction to pass order on the execution application, which stood dismissed. There is force in this contention of the learned counsel for the petitioner. Once, vide order dated 3.10.2009 execution application filed by Ram Chander was dismissed by holding therein, that it was only Hari Ram, who was entitled to execute the decree, it was not open to the learned Executing Court to reject the objections filed by the petitioner against the execution filed by Ram Chander. Consequently, this revision is allowed, impugned order is set aside. It shall, however, be open to Hari Ram, respondent No.2 to execute the decree, if so advised, in accordance with law by pursuing the execution application filed by him as legal representative of Paliya as per order of learned appellate Court in the main suit. No costs. (Vinod K. Sharma) Judge August 24, 2010 R.S.