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2017 Supreme(Raj) 2359

JAINENDRA KUMAR RANKA
MOHAMMED ASLAM – Appellant
Versus
NEELU DHANDHIYA – Respondent


Advocates Appeared:
For the Appellant :Mr. Saransh Saini, Advocate.
For the Respondent:Mr. Suresh Sahni with Mr. R.M. Sharma, Mr. Kaleem Ahmad Khan, Advocates.

JUDGMENT :

Jainendra Kumar Ranka, J.

The instant appeal is a prime example of how judicial process is being misused by unscrupulous litigants to prolong life of a lis even after adjudication right upto the highest court of the land.

2. Present appeal arises out of judgment dated 22.2.2017 passed by Addl. District Judge No.11, Jaipur Metropolitan, Jaipur, in Objection Application No.8/2017 filed by the appellant under Order 21, Rule 97-106 read with section 151 CPC.

3. The short facts necessary to be noticed are that one Smt. Neelu Dhandhiya [the decree holder] had filed a suit seeking specific performance of an agreement dated 16.12.2006 against Abdul Sami [the judgment debtor]. The said suit was decreed by the trial court on 5.9.2012. The said judgment and decree was assailed by the judgment debtor in the form of First Appeal before this court but such challenge remained unsuccessful resulting in dismissal of the First Appeal on 8.12.2014. The result was further challenged before the Apex court by preferring SLP, but the fate remained the same and the SLP was dismissed by the Apex court on 7.5.2015.

4. Meanwhile the decree holder filed an execution petition for execution of the decree































































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