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2008 Supreme(Kar) 421

V.JAGANNATHAN
Chawla Mohan Krishna Gupta – Appellant
Versus
Neelgar Ranganath – Respondent


Advocates appearing for:
Appellant: Sri C.B. Srinivasan for Sri B.S. Raghu Prasad, Adv.
Respondents: Sri Padmanabha Mahale, Sri. Counsel for Sri Sadiq N. Gowdwala, Adv.

JUDGMENT

V. Jagannathan, J.

The appellant herein filed a suit in O.S.No. 92/81 for specific performance against one Maharudrappa V. Hubli and the said suit was decreed in favour of the appellant on 28.9.89. On appeal by the defendant, the judgement of trial Court was reversed and second appeal preferred by the appellant was allowed in his favour on 27.3.98 The defendant moved the Apex Court and at the initial stage the petition was dismissed. The appellant being the decree holder, moved the Executing Court by filing and application under Order 21, Rule 101 r/w Section and 151 C.P.C. for appellant being put in physical possession of the suit property following the sale deed being executed in favour of the appellant through the Court Commissioner. Following warrant being issue by the Executing Court, the respondents herein prevented the Court officials from executing the warrant and filed their objections before the Executing Court under Order 21, Rule 97 and 101 r/w 47 and 151 of C.P.C. The trial cour allowed the said applications filed by the respondents and also declared that the respective respondents are the absolute owners of the suit items, namely CTS 3772 in respect of the a























































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