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1981 Supreme(Raj) 20

M.C.JAIN
Hakim Mohammed Ali – Appellant
Versus
Bhanwari Bai – Respondent


Advocates Appeared:
M.C. Bhoot, for Petitioner; G.M. Mehta, for Non-Petitioner

M.C. JAIN, J.—This revision petition is directed against the order dated November 23, 1979 passed by the Additional Munsif & Judicial Magistrate No. 1, Jodhpur, in execution case No. 8/1977, whereby the judgment-debtor petitioners objection, regarding the jurisdiction of the court to execute the decree, was rejected.

2. The suit for arrears of rent and ejectment, was decreed by the trial court on January 13, 1969 and the said decree was affirmed in the first appeal and second appeal on May 23,1974 and April 29, 1975 respectively and a compromise was arrived at between the parties in the Supreme Court and a decree in pursuance of compromise was passed on November 17,1976. Thereafter, the decree-holder submitted an application for execution in the court of Munsiff, City Jodhpur on March 18, 1977. In the execution application, the judgment-debtor submitted his objections under Sec. 47 C.P.C. read with Sec. 151 C.P.C. on April 5, 1977. The execution as well as the objection petition No. 41/1977 were transferred from the Court of Munsiff to the Court of Additional Civil Judge. Jodhpur, by the order of District Judge, Jodhpur, No. 473 dated October 5, 1977. Thereafter again both the cases





















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