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1980 Supreme(Del) 344

YOGESHWAR DAYAL
SUNDER DASS – Appellant
Versus
MULAKH RAJ – Respondent


Advocates Appeared:
D.L.Malhotra, M.L.RAVAL

YOGESHWAR DAYAL

( 1 ) THIS revision petition is directed against the ex parte order of the executing court dated 31st August, 1979 ordering the issue of warrants of possession of the property in dispute.

( 2 ) IT appears that the respondent No. 1, Mulakh Raj, filed a suit for a decree for permanent injunction restraining petitioner, Sunder Das and one Bishamber Lal from interfering with his possession in relation to plots Nos. 32, 33 and 35, Wazir Nagar, Kotla Mubarakpur, New Delhi. The suit of Shri Mulakh Raj was decreed on 27th January, 1971 and a decree for permanent injunction was granted in his favour.

( 3 ) IN spite of the decree, the petitioner and Bishamber Lal disobeyed the decree and Mulakh Raj was dispossessed from the aforesaid property.

( 4 ) MULAKH Raj then applied for execution on the terms contained in O. 21, Rule 32 of the Code of Civil Procedure. In view of the application of the decree-holder both Sunder Dass and Bishamber Lal were ordered to be detained in civil prison.

( 5 ) THE appeal of the judgment-debtors against their detention in civil prison failed and this court by order dated 23rd May, 1974 dismissed the Execution Second Appeal on behalf of the judgment





















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