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2021 Supreme(Chh) 217

RAJENDRA CHANDRA SINGH SAMANT
Rishabh Jain S/o Late Khoobchand Jain – Appellant
Versus
Sushila Devi W/o Late Shri Gendlal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Rajeev Shrivastava, Advocate.
For the Respondents:Shri Ravish Verma and Shri Tarun Dansena, Shri B.P. Gupta, Advocate

ORDER :

Heard

1. The present petition has been brought by the petitioner under Article 227 of the Constitution of India, being aggrieved by the orders dated 11.9.2020 and 23.9.2020 passed by the Learned Third Additional District Judge, Bastar at Jagdalpur in Civil Execution Case No. 7 of 2016.

2. Respondents No.1 to 3 have a judgment and decree in their favour dated 31.1.1986 in Civil Suit No.11-A of 1982. The plaintiffs were declared as titleholders of the suit land, property of plot No.106/1 measuring area 1903 sq.ft. and the construction standing on the same. The sale deed that was executed by defendants No.1 to 6 in favour of defendant No.7 dated 17.2.1982 was declared void and delivery of possession was ordered in favour of the plaintiff. This judgment was challenged in First Appeal No. 42 of 1986 before the Madhya Pradesh High Court, which was renumbered as First Appeal No. 103 of 2010, has been dismissed for non-prosecution and M.C.C. No. 892 of 2014 filed for restoration has also been dismissed vide order dated 4.12.2018. Subsequent to that, Civil Suit No.4-A of 2014 was instituted by Premlal Halwai against Smt. Leelawati Dandwani and this petitioner, which has been decided by

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