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1997 Supreme(Bom) 212

V.S.SIRPURKAR
Cynthia Martin Wd/o A. V. Martin – Appellant
Versus
Prembehari s/o Makhanlal Yadu and another – Respondent


JUDGMENT - V.S. SIRPURKAR, J.:---The Civil Revision was admitted and heard on 30th April, 1997. On that day, the civil revision was rejected. Following are the reasons for the rejection.

It will be better to see the factual panorama: The applicant original defendant/judgment debtor challenges the order passed by the 5th Additional District Judge, Nagpur, confirming the order passed by the Additional Judge, Small Causes Court, Nagpur. The learned Judge of the Small Causes Court rejected the objections raised by the judgment debtor and directed the issuance of warrant of possession under Order XXI, Rule 35 of the Code of Civil Procedure. That order was confirmed by the Appellate Court, necessitating the present revision.

2.It is an admitted position that a decree has been passed against the judgment debtor for possession of the suit house as also for recovery of Rs. 11,365.75 in Civil Suit No. 358 of 1990. An appeal came to be filed against the decree, being Regular Civil Appeal No. 1 of 1992. The 7th Additional District Judge, Nagpur, dismissed the said appeal and confirmed the judgment and decree passed by the Small Causes Court. In the said appellate judgment, in the points for det














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