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1980 Supreme(Pat) 24

HARI LAL AGRAWAL
Lalmuni Devi – Appellant
Versus
Shiv Shankar Tiwary – Respondent


Judgment

Hari Lal Agrawal, J.

1. This is an appeal under section 7 of the Code of civil Procedure by the decree-holders and arises out of an order passed on an objection petition filed by the Judgment-debtors-respondents first party, in the execution court, objecting to the delivery of possession of a house in pursuance of a compromise decree between the parties.

2. It appears from the facts stated in the compromise decree that the decree-holder Bhagwat Prasad Tiwary, ancestor of the appellants, and saryug Tiwary, respondent second party, besides being members of a joint family which possessed various landed properties at various places, were also carrying on certain business in partnership. It further appears that some dispute having arisen between the parties, Saryug Tiwary instituted a suit in the year 1964 on the original side of the Calcutta High Court for various declaration and dissolution of some business. In that suit a compromise decree was passed on 29th February, 1968. In accordance with the said compromise, properties mentioned in Part II in Schedule A were allotted to Bhagwat Tiwary and those mentioned in Part I of the said Schedule to saryug Tiwary. Some properties, h










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