1996 (8) TMI 519

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....n behalf of the respondent. That suit was decreed on 27.8.1983. The appeal filed on behalf of the appellants was dismissed by the court of appeal on 30.11.1983. Second appeal filed on behalf of the appellants was also. dismissed by the High Court on 5.4.1984. Thereafter, the decree holder - respondent took steps for execution of the decree for pre-emption of the lands in question in the year 1984. An objection was taken before the executing court that as only share in the land in question had been transferred the decree passed for pre-emption cannot be executed. That objection found favour with the executing court. Being aggrieved by the order passed by the executing court the respondent filed civil revision before the High Court which was ....

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....ate of Haryana & Ors has specifically said in respect of decrees which had become final as follows: "We are told that in some cases suits are pending in various Courts and, where decrees have been passed, appeals are pending in appellate Courts. Such suits and appeals will now be disposed of in accordance with the declaration granted by us. We are told that there are few cases where suits have been decreed and the decrees have become final, no appeals having been filed against those decrees. The decrees will be binding inter-parties and the declaration granted by us will be of no avail to the parties thereto." (emphasis supplied) It is, therefore, apparent that where the suits have been decreed and such decrees have become fina....