Saroj Moses vs United Church Of Northern India … on 12 January, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

                          Civil Revision No.92 of 2009
                          Date of decision : 12.1.2009

Saroj Moses                                             .....Petitioner

                  Versus

United Church of Northern India Trust Association and another

                                                        ...Respondents

                               ****

CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present:    Mr. M.K.Garg, Advocate for the petitioner.


S. D. ANAND, J.

The petitioner, on her own showing, is wife of Ivon Moses

against whom a decree for possession had been granted by the Civil

Court, vide judgment and decree dated 9.6.2005. The judgment and

decree was affirmed in first appeal. Thereafter, no further appeal came to

be preferred. That judgment has, thus, attained finality. As per it, the

decree holder is entitled to obtain possession of the property under

reference from Ivon Moses. Through out the proceedings of that trial, the

petitioner did not apply for being impleaded as party thereto. The

application under reference was filed by the petitioner only in the course of

the execution proceedings. There is force in the observation by the

learned Trial Court that the application aforementioned has been moved by

the petitioner in collusion with her husband “just to thwart the execution of

warrant of possession”.

Dismissed in limine.

January 12, 2009                                     (S. D. ANAND)
Pka                                                      JUDGE