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2011 Supreme(Raj) 1491

MOHAMMAD RAFIQ
Mohanpuri – Appellant
Versus
Masjid Committee – Respondent


Advocates Appeared:
For the Appellant : Mr. Mahendra Goyal.
For the Respondent: Mr. Amod Kasliwal.

JUDGMENT :

Mohammad Rafiq, J.

1. This execution second appeal has been filed by the objector for execution of decree passed as far back as 24.11.1961. The application under Section 47 read with Section 151 of Civil Procedure Code was rejected by the learned executing court vide order dated 20.1.1979 and appeal filed there against was also dismissed by learned Additional District Judge No. 2, Ajmer vide order dated 11.3.2011. Both the courts concurrently held that objector-appellant miserably failed to prove by lead of any evidence the fact that he was residing in the suit property for last 20-25 years.

2. Shri Mahendra Goyal, learned counsel for the appellant has argued that the appellant could not at the time of filing of objection before the executing court and at the time of first appeal before the Additional District Judge, despite exercise of due diligence, produce the documents of his possession over the suit property. In this connection, he sought to produce certain additional documents with an application under Order 41 Rule 27 of Civil Procedure Code. The documents include the passport of his father, a letter addressed to his father by Managing Officer, Office of the Settleme









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