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2011 Supreme(Raj) 2445

VINEET KOTHARI
L. R’s of Hanuman – Appellant
Versus
Dhanraj – Respondent


Advocates:
For the Petitioners:R.K. Singhal, Advocate.

JUDGMENT

1. - Heard learned counsel.

2. This revision petition is directed against the order dated 6/7/2011, whereby, the judgment debtor's objection as to execution of decree by the learned appellate court under Order 21, Rule 11 CPC has been rejected.

3. Learned counsel for the petitioner - judgment debtor, Mr. R.K.Singhal relying upon the judgment of Supreme Court in the case of Madhavrao Narayanrao Patwardhan v. Ram Krishna Govind Bhanu & Ors. - AIR 1958 SC 767 urged that when the decree of mandatory injunction of the trial court dated 21/4/1997 was sought to be executed by the decree holder, even though the said decree dated 21/4/1997 was modified by the appellate court on 12/2/1998, the execution could not be undertaken by the learned trial court and objection filed by the judgment-debtor before the Executing Court on 17/12/2002 was upheld and execution application of the decree holder was rejected by the learned trial court on 27/2/2006, therefore, the execution application was filed before the learned appellate court, which had modified the decree on 12/2/1998, on 28/7/2006, after about five months by that time but more than three years have passed since the decree was modi
















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