Joginder Singh (Dead) through LRs. vs Virinderjit Singh Gill (Dead) through LRs.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 967

J. B. PARDIWALA, SANJAY KAROL
Joginder Singh (Dead) through LRs. – Appellant
Versus
Virinderjit Singh Gill (Dead) through LRs. – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Anunnay Mehta, Adv. Mr. Alim Anvar, Adv. Mr. Nishe Rajen Shonker, AOR Mr. Vinayak, Adv.
For the Respondent(s): Mr. A.P. Mohanty, Adv. Mr. Aftab Ali Khan, AOR Mr. Anunaya Mehta, Adv. Ms. Arunima Dwivedi, AOR

JUDGMENT

SANJAY KAROL J.

1. Leave to Appeal is granted.

2. Questioned in these appeals are three judgements of the High Court of Punjab and Haryana passed in CR No. 4418 of 2012 (O&M) dated 6th May 2015 and 16th September 2015 along with RA-CR No. 265-CII of 2015 in CR No. 4418 of 2012, dated 20th November 2015. The orders in civil revision (dated 6th May and 16th September 2015) were interim and final, respectively, dismissing such a revision against order and judgment dated 17th January 2012 of the Additional District Judge, Moga, which allowed the appeal against the order and judgment dated 17th January 2009 of the Civil Judge, Junior Division who had allowed the objections taken by the Appellants herein in the execution petition filed to enforce the final decree in Civil Suit No. 266 of 1987.

BACKGROUND OF THE INSTANT DISPUTE

3. Although the bone of contention before this court relates to execution proceedings and the objections taken therein, the factual milieu in which the controversy has come to stand, as it does today, is important for the purpose of disposal of these appeals.

3.1 Civil Suit No. 66 of 1979¹ [First Partition Suit] was filed by Mukand Singh (father of the Appella