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2019 Supreme(HP) 1354

SURESHWAR THAKUR
Kamal Kant – Appellant
Versus
Jagdish Chand – Respondent


Advocates Appeared:
Romesh Verma, Advocate, Ashwani Kaundal, Advocate, Rahul Thakur, Advocate

JUDGMENT

Sureshwar Thakur, J. - The decree holder, for, enforcing the binding, and, conclusive judgment, and, decree, pronounced, upon, Civil Suit No. 277 of 2001, vis-a-vis, the suit khasra numbers, and, against the defendant(s), wherethrough, the latter became mandatorily injuncted, to demolish, the, construction raised, upon, the land, owned and, possessed by the plaintiff, and, as, became depicted in the apt tatima, hence, cast an execution petition, bearing Ex. Petition No. 10 of 2012, before, the learned executing Court. However, during, the pendency of the afore execution petition, before the learned executing Court, the JD reared objections therein, vis-a-vis, his alienating, the, suit property qua one Kamal Kant, and, thereupon, the decree, put to coercive execution, against him, became espoused, to, become unenforceable against him. Also the afore Kamal Kant constituted objections, before the learned executing Court, purportedly within the ambit, of, Order 21, Rule 97 of the CPC, wherein, he claimed that since, he became, a, necessary party to the lis, whereon, a conclusive, and, binding decree, stood rendered, (i) given his acquiring the suit property, when, the, lis enga

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