High CourtsSingle Bench(2011) 05 SHI CK 0040

Rattani Devi vs Manohar Singh and Another

High Court Of Himachal Pradesh · Decided on 5 May 2011

HON’BLE JUDGES
Kuldip Singh, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 24 of 2010

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Judgment

3 paragraphs · 211 words

Kuldip Singh, J.—This revision has been directed against the order dated 19.12.2009 passed by learned Civil Judge (Junior Division) Court No. 1, Amb in Civil Misc. Application No. 170 of 2005. It is the case of the Petitioner that on 2.1.1990 the matter was settled and order was passed by learned Sub Judge 1st Class, Amb. The application, u/s 151 CPC was filed by the Applicant/Plaintiff for enforcement of judgment, dated 2.1.1990 passed in Civil Suit No. 248/86.

2.

It has come on record that with respect to this very dispute, over khasra No. 174, the Applicant has filed separate civil suit claiming passage and that suit is pending. This apart, the Applicant has filed an application, u/s 151 CPC for enforcement of judgment dated 2.1.1990.

3.

In case some decree was passed in her favour by the court in Civil Suit No. 248/86, then that decree is executable in accordance with law and not by filing an application, u/s 151 CPC for enforcement of decree. The application filed by the Applicant is not maintainable and on this ground alone, the revision is disposed of without adverting to other contentions raised by the Petitioner. Accordingly, the revision petition is dismissed with liberty to the Petitioner to proceed in accordance with law.