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2024 Supreme(Chh) 308

DEEPAK KUMAR TIWARI
Vishnu Kesari @ Lallu Prasad (Dead) Through His Legal Representative Nil. (Judgement Debtor) Ramesh Kumar Padhi Son Of Late Vishnu Kesari – Appellant
Versus
Sunita Wife Of Late Ashok Kumar Padhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Smriti Ekka, Advocate.

ORDER ON BOARD :

1. This Revision has been filed by the applicant/plaintiff/judgment debtor being aggrieved with the order dated 16.01.2024 passed by the First Civil Judge, Class-I, Bastar, Jagdalpur (CG) in Civil Suit No.01/2017, whereby, the application preferred by them raising objection that execution petition was timed barred, has been rejected.

2. Brief facts of the case are that the applicant/plaintiff/judgment debtor filed a Civil Suit on 14.04.1987 seeking relief of declaration of title, possession and permanent injunction over the suit property. In the said suit, the non-applicant/defendant/preliminary decree holder filed a written statement and counter claim seeking half share of the suit property. However, the said suit was dismissed and counter claim of the defendant was decreed and a preliminary decree was passed in favour of the defendant vide judgment and decree dated 18.07.1991 passed in Civil Suit No.27-A/1989 (Annexure-A/5). Against the said judgment and decree, the plaintiff preferred Civil Appeal No.7-A/1991 which was dismissed vide judgment dated 15.11.1995 (Annexure-A/6). Thereafter, the plaintiff preferred Second Appeal No.828/1995, however, the same was also

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