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2023 Supreme(SC) 110

M. R. SHAH, C. T. RAVIKUMAR
Gas Point Petroleum India Limited – Appellant
Versus
Rajendra Marothi – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Arjun Garg, AOR Mr. S. Mahesh Sahasranaman, Adv. Mr. Shobhit Jain, Adv. Mr. Aakash Nandolia, Adv. Ms. Sagun Srivastava, Adv.
For the Respondent(s): Mr. Sanjay K. Agrawal, AOR Ms. Ankita Khare, Adv. Mr. Sarthak Nema, Adv. Mr. Ramsakha Kushwaha, Adv. Ms. Sangeeta Singh, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.04.2016 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur in W.P. No. 3342/2015, by which, the High Court has allowed the said writ petition preferred by respondent No. 1 herein and has set aside the order passed by the lower Appellate Court and has restored the order passed by the Executing Court with respect to the property in question, the original respondent No. 1 – objector before the Executing Court has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under: ­

2.1 There was a dispute between National Ginni Enterprises and Smt. Gayatri Agrawal with respect to the L.P.G. gas agreement. A civil suit No. 07­A/98 was filed by the said Smt. Gayatri Agrawal against the National Ginni Enterprises. The learned Trial Court passed a decree by directing the judgment debtor (National Ginni Enterprises) to provide L.P.G. gas as per the conditions of the agreement. The decree provided that if the defendants are unable to implement the said order, in alternatively it was directed that the plaintiff was entitled to get the am


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