SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1993 Supreme(Raj) 257

M.C.JAIN
LEGAL REPRESENTATIVES OF MAGA RAM – Appellant
Versus
KANA RAM – Respondent


Advocates Appeared:
R.K.Thanvi

Judgment


M. C. JAIN, J.

( 1 ) THIS revision petition has been filed against the order of the learned Munsif cum Judicial Magistrate, Ladnu dated 21/07/1993 by which he has dismissed the objections of the judgement-debtor-petitioners against the execution of the decree passed against them. The facts of the case giving rise to this revision petition may be summarised thus.

( 2 ) ON 20/09/1983, a decree for injunction was passed in favour of the decree-holder-non-petitioners against the judgement-debtor-petitioners directing them to remove the encroachment effected by them on the disputed open land. They were also prohi-bited from making encroachment upon it in future. The encroachment existing at the time of passing of the decree was removed through the execution of the decree. Thereafter, the judgement-debtor-petitioners again made encroachment upon the disputed land. The decree-holder moved third execution applica-tion for its removal. The judgement-debtors raised several objections. Firstly, the decree had already been satisfied, secondly the execution application is time barred, thirdly, without giving an opportunity to them the executing Court had no jurisdiction to pass order f






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top