JAMMU: In an Execution Petition which was filed for execution of decree dated 28th November, 1977 passed in File No. 55/Civil Original Suit titled “Behari Lal V/s Nanak Chand”, instituted on 7th August, 1976, the Sub Judge, Jammu finally ordered execution of decree against the judgment debtors.
The decree was pertaining to injunction for stopping the judgment debtors from using entrance from the broken southern wall of the house of decree holder. As per the order of the execution of decree passed by Sub Judge, Jammu, the original decree holder Behari Lal filed an Execution Petition on 9th September, 1986 when the judgment debtor again interfered with the decree, which led to the filing of Execution Petition in an injunction decree and after the order passed by Executing Court, Civil Revision was filed before High Court, which was allowed on 25th April, 1989. Thereafter, Review Petition was also filed by the judgment debtors and after the decision of Review Petition, Special Leave Petition was filed before the Supreme Court by the legal heirs of decree holder against the legal heirs of original judgment debtor and Supreme Court as per judgment dated 4th October, 1997 directed the Sub Judge Court, Jammu to decide the execution petition on merits. After hearing the arguments of Advocate R.K. Jain, counsel for the decree holders and Bachan Kalgotra, advocate for the judgment debtors, the Sub Judge Jammu finally directed execution of decree against the judgment debtors and directed Nazir Sadar Court, Jammu to execute the decree dated 28th November, 1977 passed in favour of legal representatives of Behari Lal (now deceased).