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2009 Supreme(HP) 745

SANJAY KAROL
SIMMI KAROL – Appellant
Versus
R. K. MADAN – Respondent


Advocates Appeared:
For the petitioner:Mr.Chetan Sharma, Senior Advocate, with Mr.Shrawan Dogra,
Advocate.
For the respondents:Mr. Satyen Vaidya, Advocate.

JUDGMENT

Sanjay Karol, J.-The petitioner-judgment debtor (referred to as the defendant) has filed the present petition under Article 227 of the Constitution of India, assailing the order dated 2.5.2009 passed in execution Petition No. 10-10/2008, titled as R.K. Madan and another vs. Simmi Karol, by the Civil Judge (Junior Division), Court No.5, Shimla. The objections to the execution of the decree stands dismissed. The respondents herein are the decree-holders (referred to as the plaintiffs).

2. Civil Suit No. 61-1/2003, titled as R.K. Madan and another vs. Simmi Karol, was decreed in terms of judgment and decree dated 6.7.2007 by the Civil Judge (Jr.Division), Court No. (V), Shimla. The relationship between the plaintiffs, Sh. R.K. Madan and Ms. Rita Madan and the defendant, Smt. Simmi Karol, was held to be that of a licensors and licensee and the suit was decreed wherein the defendant was directed to hand over the vacant and peaceful possession of the suit property to the plaintiffs and also pay mesne profits @ Rs.40,000/- per month with effect from 1.7.2003.

3. Aggrieved defendant filed Appeal No.35-S/13 of 2007, which was also dismissed by the Additional District Judge (Fast Tr






































































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