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2016 Supreme(Pat) 1561

MUNGESHWAR SAHOO
Anand Kumar – Appellant
Versus
Lal Babu Rai – Respondent


Advocates Appeared:
For the Appellants : Mr. Ambuj Nayan Chaubey
For the Respondents: Mr. Partha Sarthy

ORDER :

1. Heard the learned senior counsel, Mr. K.N. Chaubey, for the petitioner.

2. This application under Article 227 of the Constitution of India has been filed by the petitioner praying for the following relief’s :

(i) For quashing the Judgment dated 13.09.2012 and decree dated 26.09.2012 as contained in Annexure “5”

(ii) For issuance of an order quashing the order dated 12.08.2016 as contained in Annexure “6” and

(iii) For setting aside the execution proceeding including the order dated 02.09.2016 and 30.09.2016 as contained in Annexure “6”.

3. For better understanding the facts, it may be stated that the plaintiff respondent filed eviction suit being Title Suit No.30 of 2011 against the petitioner and his mother. The said suit was decreed ex.-parte by the Judgment and order dated 13.09.2012 and decree was followed. This is the judgment which is under challenge.

4. It appears that after obtaining the ex.-parte Judgment and decree, the plaintiff respondent filed execution case being Execution Case No.1 of 2013. In the said Execution case, an objection under Section 47 CPC was filed by the present petitioner and the Court below by the order dated 12.08.2016 rejected the objection peti


















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