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1978 Supreme(Bom) 31

B.A.MASODKAR, M.D.KAMBLI
SUBHAN BI SHEIKH NOOR – Appellant
Versus
ABDUL SAMAD HAJI ABDUL RAHEMAN – Respondent


JUDGMENT

MASODKAR J.- The applicants are decree-holders having obtained a decree against the original opponents Nos. 1 and 2 (hereinafter styled as the judgment debtors) in Civil Suit No. 3-A of 1954 which was decreed on 15·4-1957 directing the judgment debtors to hand over possession of the suit property and further to pay the mesne profit of Rs. 3600 as well the costs. As the facts are not in dispute the said decree was put in execution and the controversy in the present revi5ion relates to the execution regarding that part of the decree directing delivery of possession of the suit immovable property. A warrant of possession was issued by the executing Court which was resisted by an obstruction initially as found by the Court on 19-5-1963. It is further found by the Court that no application under Order 21, Rule 97, of the Code of Civil Procedure was made by the decree-holders against that obstruction. However, the decree-holders obtained a fresh warrant for possession which was also obstructed on 19- 6-1967. In M. J. C. No. 224 of 1967 in which the impugned order is made the present applicant-decree holder applied under Order 21, rule 97 of the Code of Civil Procedure for the pur







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