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2024 Supreme(Chh) 253

NARENDRA KUMAR VYAS
Gauri Bai through Legal representatives – Appellant
Versus
Kheman Singh S/o Shishupal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Viprasen Agrawal, Advocate.
For the Respondent: Mr. Vaibhav A. Goverdhan, Mr. Ravindra Sharma, Mr. Md. Ruhul Ameen Memon, PL

ORDER :

1. The petitioner/plaintiff-decree holder has preferred the instant writ petition under Article 227 of the Constitution of India, assailing the order dated 21-08-2017 (Annexure P/1) passed by the learned Civil Judge, Class II Bemetara in Special Case No. 182-A/79 by which the learned Executing Court has rejected the application filed by the decree holder under Section 151 of the Code of Civil Procedure and has directed the Tahsildar, Kamharia to handover the possession of land excess to 2.5 acres of land of Khasra No (old) 13/1 and 13/2 which are now re-numbered as Khasra No. 43 and 45 to Bharat. The petitioner has also filed writ petition assailing the order dated 29.09.2015 Annexure P/1-A by which the learned Executing Court has allowed the objection of the judgment-debtor and directed for demarcation of the suit property through competent revenue officer.

2. Brief facts as reflected from the record are that the plaintiff has filed a civil suit before the learned Civil Judge, Class II, Bemetara which was registered as Civil Suit No. 182-A/79 for declaration of title, possession and loss of consortium mainly contending that one Sishupal Singh has sold the property to Girdhar

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