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1996 Supreme(SC) 804

FAIZAN UDDIN, KULDIP SINGH
Kazi Akeel Ahmed – Appellant
Versus
Ibrahim – Respondent


JUDGMENT

Faizan Uddin, J.-Leave granted.

2. This appeal under Article 136 of the Constitution of India has been directed against the order dated November 24, 1992 passed by the High Court of Rajasthan, Jaipur Bench, dismissing the appellant s Civil Revision Petition No. 720 of 1990, arising out of an order dated August 24, 1990 passed by the Executing Court (Additional Munsif and Judicial Magistrate No. 2), Jaipur City, Jaipur, in Execution Case No. 24 of 1981.

3. The shop in question belonging to the appellant was let out to one Hafiz Abdul Samad. The appellant obtained a decree for possession of the shop in question on July 12, 1971, against Hafiz Abdul Samad, the predecessor-in-interest of respondent No. 1 herein. The appellant filed Execution of the said decree for possession which was dismissed in default on August 4, 1978, Consequently, the appellant moved another application on May 6, 1981 for execution of the decree with an application for police aid. The Executing Court by its order dated November 15, 1981 issued warrant of eviction with police help. The respondent No. 2 Girraj resisted the execution of warrant for possession and made an application before the Executing Cour








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