' ALI AKBAR QURESHI, J.---The petitioner through this civil revision has challenged the validity of order dated 19-5-2008 passed by the learned appellate Court, whereby the appeal directed against the order dated 24-4-2008 in the objection petition, was dismissed.
2. Briefly, the facts are that the respondent instituted a suit for possession through specific performance of a contract dated 10-6-1990. No one appeared on behalf of the petitioner/defendant so an ex parte decree was passed by the learned trial Court on 30-4-1991. The decree holder/ respondent filed execution petition on 15-1-1995, wherein an objection petition was filed by the present petitioner/judgment debtor mainly on the ground that the same is barred by time. Along with the objection petition, the petitioner also filed an application under section 12(2), C.P.C. On 9-2-1995 against the ex parte judgment and decree dated 23-4-1991. The learned executing Court at this occasion, adjourned the execution petition sine die with the observation that the same may be restored after decision of application under section 12 (2), C.P.C. The application under section 12(2), C.P.C. Filed by the present petitioner was accepted on 25-2-2004; the said order was assailed by way of an appeal, which was accepted by the learned appellate Court on 22-2-2005. The order of the appellate Court was further assailed before this Court by way of Constitutional petition but the same was dismissed.
3. The respondent/decree-holder filed another fresh execution petition before the learned executing Court to execute the judgment and decree dated 30-4-1991. The said execution petition was objected by the petitioner but the objection petition was dismissed by the learned executing Court on 24-4-2008. The petitioner being not satisfied of the aforesaid order, filed an appeal but the same was too dismissed by the learned appellate Court/Additional District Judge, hence this civil revision.
4. The learned counsel for the petitioner after arguing the case at some length states that the learned Courts below have ignored all the law applicable on the c case while deciding the execution petition has submitted that it would be the fitness of the things to remand the matter to the learned trial Court for decision afresh.
5. I have myself perused the judgment and the record available on the file and reached to a conclusion particularly in the circumstances when no one has appeared on behalf of the respondent before this Court inspite of the notice, to remand the matter to the learned executing Court who shall decide the objection petition of the petitioner strictly in accordance with law obviously after providing fair opportunity to all the parties. It is also directed that the learned trial Court before initiating any proceedings shall also issue a notice to the respondent/judgment holder for their participation in the proceedings.
6. With these observations, the impugned order dated 19-5-2008 is set aside; civil revision is accepted and this case is remanded to the learned trial Court to decide afresh after providing fair opportunity of hearing to the parties. The objection petition filed by the petitioner shall be deemed to have been pending before the learned executing Court who shall decide the same preferably within a period of two months. Parties to bear their own costs.