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2016 Supreme(HP) 1997

SURESHWAR THAKUR
Vikas Kapila – Appellant
Versus
Ashok Sood – Respondent


Advocates Appeared:
For the Petitioners: Mr. G.C Gupta, Ms. Meera Devi
For the Respondents: Mr. Ajay Kumar, Mr. Dheeraj K Vashishta

JUDGMENT :

Sureshwar Thakur, J.

The instant petition stands directed against the impugned order recorded on 17.7.2014 by the learned Court below upon the objections constituted therefore under Order 21 Rule 97 read with Section 151 of Code of Civil procedure by the petitioners herein where within they resisted the execution of the conclusively recorded rendition pronounced qua JD/non-objector B.M Kapila impleaded herein as respondent No.2. The verdict of dismissal of the apposite objections constituted there before by the petitioners herein under the afore-stated provisions of the Code of Civil Procedure where under they purveyed their resistance qua execution of a conclusively recorded verdict of eviction of the non-objector/respondent No.2 herein from the demised premises stands canvassed by the counsel for the petitioners to stand founded upon an inherent procedural fallacy arouseable from the factum of the learned Court below in blatant transgression of the mandate of a judgment reported in Latest HLJ 2014(2)928 titled as Rajinder Singh and others versus Sadhu Ram where within this Court had recorded a conclusion qua objections constituted under Order 21 Rule 97 of CPC before the













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