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1983 Supreme(Pat) 249

S.K.CHOUDHURI, YADUNATH SHARAN SINGH
108 Pujay Pad Advait Panch Parmeshwar Panchayati Akhara Bara Udasin Nirman – Appellant
Versus
Rameshwar Mandal – Respondent


Judgment

S.K.CHOUDHURI, J.

1. This appeal by the decree-holders-appellant is directed against the order dated 30th July 1981 passed by the Second Additional Subordinate Judge, Monghyr, in Execution Case No. 4 of 1978, directing the appellants to restore possession to the two judgment-debtors, who are respondents Nos. 1 and 2.

2. Title Suit No. 120/22 of 1970/77 was filed by the appellants which was decreed on contest. In the first appeal filed before this Court, which was registered as First Appeal No. 421 of 1978, the judgment and decree of the trial court were confirmed and the appeal was dismissed. Special leave to appeal to the Supreme Court was also refused. In the meantime, the decree passed in favour of the appellants was executed which was registered as Execution Case No. 4 of 1978. In that case writ of delivery of possession was issued on 26th June, 1981, which was made returnable by 7th July 1981. It is said that delivery of possession was effected on 30th June, 1981 and respondents Nos. 1 and 2 were thrown out of their respective shop premises, which were in their possession. Thereafter a petition was filed by respondent No. 1 Rameshwar Mandal on 2nd July 1981 and another













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