JUDGMENT - ASHOK AGARWAL, J.:---The Execution Application of the appellant decree holder having been dismissed, the decree - holder has filed the present appeal. She had filed Special Civil Suit No. 13 of 1966 for partition and separate possession in respect of half share in the property left behind by her deceased husband Gangadhar wherein the judgement-debtor, the brother of Gangadhar had other half share. On the 31st January, 1967 a preliminary decree was passed whereunder she was held to be entitled to half share and the judgement-debtor was held to be entitled to the other half. When she filed the present Darkhast, Notice under Order 21, Rule 22 was issued and the judgement -debtor resisted the said Darkhast contending that in Special Civil Suit No. 5 of 1969 filed by Gangubai and Rakhamabai, the sisters of Gangadhar, it was held that each of them had 1/3rd share whereas the judgement-debtor in the present Darkhast 1/3rd share. In view of the subsequent decree to which the decree- holder was a party, the decree - holder was not entitled to execute the decree in her previous Special Civil Suit No. 13 of 1966. The said contention of the present judgement-debtor having found favo

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