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1996 Supreme(Del) 148

S.K.MAHAJAN
RATANLAL MANDALAUS – Appellant
Versus
RAM AVTAR – Respondent


S. K. Mahajan, J.

( 1 ) THE plaintiff had filed this suit for partition of the property in Schedule A to the plaint and also for rendition of accounts. One of the properties which was sought to be partitioned was a plot of land measuring 7,389 sq. yards situated at 483/49a in Revenue Estate of Jhilmil, Tahirpur M. S. 6, Delhi Shahadara Border, close to Delhi Ghaziabad Trunk Road having about 20 sheds therein. During the pendency of the suit, a compromise was arrived at between the parties and joint application under Order 23 Rule 3 Civil Procedure Code was filed. On February 14, 1984 this Court passed a final decree in terms of the compromise exhibit C-1. Under this decree, the aforesaid property in Jhilmil, Tahirpur had come to the share of the plaintiff and defendant No. 6. By order dated January 29, 1993 this Court had appointed the plaintiff as receiver of the property in Jhilmil, Tahirpur. On an application having been made by the receiver in Court being IA. No-2987/93 seeking police help to execute the order of this Court, D. C. P. , A. C. P. and S. H. O. of the concerned area were directed to help the receiver in removing the trespassers from the said property.

( 2 ) THE pre





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