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2023 Supreme(Chh) 220

DEEPAK KUMAR TIWARI
Ranjit Singh S/o Late Gurudayal Singh – Appellant
Versus
Sunil Kumar Jain S/o Late Gaindmalji Jain – Respondent


Advocate Appeared:
For the Appellant :Shri BP Sharma with Miss Sameeksha Gupta, Shri Nitesh Jain, Miss Anuja Sharma and Shri Nikhil Parekh, Advocates.
For the Respondent:Shri Manoj Paranjpe with Shri Rishabh Gupta, Advocates.

JUDGMENT :

1. The aforesaid Writ Petitions are being disposed of by this common order, as the issue involved in both the cases is similar.

WP227 No. 828 of 2022

2. This Petition has been preferred challenging the order dated 21.11.2022 passed by the Executing Court i.e. 6th Additional District Judge, Durg, in Execution Case No.43/2021 (Sunil Kumar Jain Vs. M/s Guru Engineering Works) whereby the objection raised by the petitioner/defendant for execution of the decree was rejected and decree holder/respondent/plaintiff was allowed to amend the execution for relief of possession in the execution application.

3. Facts of the case are that the respondent/plaintiff has filed a civil suit for specific performance of agreement to sell dated 21st October, 2010 and the said suit was decreed in favour of the plaintiff in Civil Suit No.46- A/2014 by 7th Additional District Judge, Durg vide judgment dated 26th October, 2016, which was affirmed in FA No.378/2016 vide judgment dated 30th August, 2019. The petitioner/judgment debtor has also challenged the judgment rendered in First Appeal before the Hon’ble Supreme Court vide SLP (Civil) Diary No(s).22330/2020 and the Hon’ble Supreme Court vide orde

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