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2017 Supreme(HP) 555

SURESHWAR THAKUR
Parvesh Kumar – Appellant
Versus
H. P. State Forest Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Karan Singh Kanwar, Advocate
For Respondent:Mr. Pranay Pratap Singh, Advocate

JUDGMENT :

Sureshwar Thakur, J.

1. The decree holder/plaintiff had sought execution of a decree recorded upon sole defendant Jai Narain Kaushal by the learned trial Court in Civil Suit No. 23-N/1 of 1995 comprising therein decretal amount of Rs.4,36,479/- along with interest at the rate of 18% per annum w.e.f. 8.11.95 to 8.11.2008, “by its” instituting an Execution Petition bearing No. 13-N/10 of 2009, before the learned Executing Court, yet given occurrence of demise of Jai Narain Kaushal in the interregnum “since” the recording of the judgment and decree upon the aforesaid sole defendant “till” the institution of the execution petition No. 13-N/10 of 2009, thereupon in execution petition No. 13-N/10 of 2009, the legal representatives of deceased sole defendant Jai Narain Kaushal stood arrayed as cojudgment debtors.

2. All the objectors/judgment debtors resisted the execution petition by theirs rearing objections thereto. The apposite objections reared by coobjectiors/ JD No.2 and 3 stood anvilled upon the factum of their predecessor-in-interest “not” at the time of his demise leaving behind any part of his estate for theirs hence inheriting it nor thereupon on his demise, theirs hen










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