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2024 Supreme(SC) 284

SANJAY KAROL, ARAVIND KUMAR
Purni Devi – Appellant
Versus
Babu Ram – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Nitin Sangra, Adv. Mr. Riju Ghosh, Adv. Mrs. Pragya Baghel, AOR
For the Respondent(s): Mr. Sunil Fernandes, Sr. Adv. Ms. Nupur Kumar, AOR Ms. Diksha Dadu, Adv.

JUDGMENT :

SANJAY KAROL, J.

1. Leave Granted.

2. The present appeal arises from the final judgment and order in Civil Revision No. 33/2008 dated 09.04.2018 of the High Court of Jammu and Kashmir at Jammu, whereby the judgment and order of Munsiff, Hiranagar, in File No. 70/Execution dated 28.11.2007 came to be affirmed, wherein the execution application preferred by the Plaintiff herein was dismissed, being barred by limitation.

Factual History

3. The genesis of the case at hand dates back to 01.06.1984, wherein the predecessors in interest of the Appellant (hereinafter “Plaintiff”) filed a suit for possession against the Respondents (hereinafter “Defendants”) herein. On 10.12.1986, this suit was decreed by learned Munsiff, First Class Hiranagar, in favour of the Plaintiff, and the Defendants were directed to deliver vacant and peaceful possession of the property to the Plaintiff. This decree was challenged by the Respondents before the learned District Judge, Kathua, in First Appeal, which came to be dismissed on 09.02.1990. Thereafter, the Respondents preferred a Second Appeal before the High Court of Jammu and Kashmir which came to be dismissed vide Order dated 09.11.2000. No furth

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