Subsequent objections similar to those previously dismissed cannot be sustained, and the failure of the revenue officers to make relevant collations does not preclude the implementation of a final partition decree.

Sureshwar Thakur, J.

1. A conclusively recorded binding final decree of partition pronounced with respect to suit khasra numbers stood put to execution before the learned Executing Court. However, during the pendency of the execution petition, the JDs instituted objections before the learned executing Court, objections whereof, with respect to the executability of the decree, focused upon an order pronounced by the Consolidation Officer, exercising powers under Section 56 of the Consolidation Act, whereby the Revenue Officers concerned were directed to correct the Karukans of one of the suit numbers borne on Khasra No. 1042. Furthermore, the objections projected by the JDs before the learned executing court, reflect that possession besides ownership of some portions of suit khasra number borne in Khasra No. 1042, being held by the State of Himachal Pradesh. Moreover, an objection was also ventilated with respect to the demarcation of suit Khasra Numbers being conducted on 21.01.2011, in sequel, whereto a report of the demarcating officer concerned emanated, with reflections therein of two marlas of a suit khasra number being in possession of one Labu Ram and one Marla of suit land being in possession of the PWD, whereas the remaining part of the suit land being in possession of JDIII, given the latters’ house existing thereon, existence whereon of his house being since the times of his ancestors. All the objections were considered by the learned Executing Court. Under a pronouncement recorded upon the aforesaid objections by the learned Executing Court, it dismissed all the aforesaid objections.

Thereafter, the JDs instituted a civil revision petition before this Court. This Court in its pronouncement made on 31st July, 2012 dismissed Civil Revision petition No. 35/2012, as stood preferred before this Court against the orders recorded by the learned Executing Court on 12.3.2012, whereby the aforesaid objections filed before it, by the JDs, stood hence dismissed. Consequently, the conclusive binding decree of final partition, held its sway, whereupon the learned Executing Court stood enjoined to put it to efficacious execution, by its pronouncing an order upon the Revenue Officers, for the latter putting all the contestants into possession of those suit Khasra numbers, as stood respectively allotted to them under a binding final decree of partition. The learned Executing Court pronounced the impugned order on 1.12.2015 whereby the revenue officers stood directed to enforce/implement the conclusive final decree of partition. Though, with this Court dismissing Revision petition No. 35 of 2012, as stood preferred before this Court whereby the JDs, had assailed the order recorded by the executing Court on 12.3.2012 whereby all the aforesaid objections stood dismissed by it, whereupon the learned Executing Court cannot be faulted in its enforcing the conclusive final decree of partition pronounced with respect to suit Khasra Numbers besides thereupon the JDs concerned stand estopped to re-agitate all objections which stood earlier rejected by the learned Executing Court especially when a revision petition which arose therefrom before this Court, stood also dismissed.

Nonetheless, the petitioners herein concert to contend, that the rigor of the principle of finality attracted vis-à-vis the order recorded by the learned Executing Court on 12.3.2012, standing eroded by subsequent thereto, the field revenue officers concerned making a report before the learned Executing Court with portrayals therein, reflective of their incapacity to implement the final decree of partition pronounced with respect to suit khasra numbers. Also thereupon the learned counsel for the petitioner herein contends, that with the aforesaid material not finding existence at the time contemporaneous to theirs rearing objections before the learned Executing Court rather theirs spurring subsequent thereto, thereupon theirs being disabled at the stage of theirs