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1994 Supreme(SC) 984

S.C.AGRAWAL, M.N.VENKATACHALIAH, K.RAMASWAMY
Bhanwar Lal – Appellant
Versus
Satyanarain – Respondent


Advocates:
H.M.SINGH, R.K.MAHESHWARI, U.N.BACHHAVAT, VINIT MAHESHVARI

JUDGMENT

 The appellant had obtained a decree in Second Appeal No. 175/71 from the High Court of Rajasthan on March 21, 1979 of ejectment of Ram Kishan, mesne Profits till date of possession and also arrears of rent. That decree had become final. Thereafter, the appellant filed an execution application under O.21, R. 35(3) of the Code of Civil Procedure, for short the C.P.C. on May 24, 1979, Therefore, when one Satyanarain, the first respondent in this appeal had obstructed delivery of the possession, on the next day, namely, May 25, 1979, he made an application under O.21 R. 35(3) for police assistance to remove the obstruction caused by Satyanarain. The Court directed the appellant to make an application under O.21 R. 97 pursuant to which the appellant made second application on July 18, 1979 under O.21, R. 97, C.P.C. for removal of obstruction caused by Satyanarain. The District Munisf, Executing Court, on January12, 1981, dismissed that application as being barred by limitation under Art. 129 of the Schedule to the Indian Limitation Act, 1963. On the even day, he filed a third application under O.21 R. 97, C.P.C. which was dismissed on February 20, 1982 as being barred by resju












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