submitted that in a partition suit till the
decree gets fully satisfied and executed each contesting
party remains as good as a plaintiff and consequently ... pressed in service
by any of the contesting co-owners till the final decree in
such a suit for partition gets fully executed and
implemented
contesting
defendants and consequently the said Sale Deed was not
binding on them.
The said suit was contested by the contesting
defendants on the ground ... Being
aggrieved by the aforesaid judgment and decree of the Trial
Judge the contesting defendants carried the matter in First
Appeal before the High Court
passed a preliminary decree for partition against defendant no. 3 on contest. This decree of the trial court resulted into an appeal at the instance ... contesting parties took the view that the trial court had no pecuniary jurisdiction to entertain the suit. On that ground alone the judgment and decree
decree be amended so as to entitle the decree holder to recover Rs. 16,860/- in place of Rs. 12,435/- from the contesting defendants ... appellant applied for the execution of the amended decree on January 21, 1966. The contesting respondents raised objections one of which was about
preferred any appeal against the decree of the trial Court. The appeal of contesting defendants ... alleged to be servient owners by the plaintiff did not contest the decree passed by the Trial Court against them. Only the defendants
award decree dated 2.6.1989 was a nullity being barred
by limitation.
(ii) Whether the executing Court can go behind such a decree,
(iii) Whether ... result, the court passed an award decree on 2.6.1989 on account of absence
of any contest by the judgment debtor. It is true that this
suit was contested by the defendants. Defendant
no.2 being a minor was represented by his guardian Kishan
Chand, his father who contested the suit ... Point No. 1 is against the
contesting defendants whether the plaintiff is entitled
to a decree for specific performance in the facts and
circumstances
submitted that admittedly the contesting respondent-donees
were not admittedly the contesting respondent-donees were
not parties to the Compromise Decree. That even though ... Consent Decree they were not bound by the admission of Bai
Utti in the Consent Decree. It is obvious that the
contesting respondents herein
only contesting respondents being the plain tiffs in whose favour decree for injunction was passed by the Second Appellate Court.
3. Having gone through
High Court dismissed the Second Appeal of the appellants, thereby confirmed the decree of dismissal of the appellant's suit as passed ... deed was validly executed in favour of the contesting defendants. The Appellate Court confirmed the decree of dismissal not only on the ground that
