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2003 Supreme(Jhk) 635

M.Y.EQBAL
Vidya Devi – Appellant
Versus
Badri Yadav – Respondent


JUDGMENT

M.Y. Eqbal, J.

1. This Civil Revision Application, at the instance of the plaintiff decree holder-petitioner, is directed against the order dated 29.11.2002 passed by Munsif 1st Court, Dhanbad in Miscellaneous Case No. 11/2001 arising out of Execution Case No. 25/99 whereby he has allowed the objection filed by the judgment debtor-opposite party under Section 47 of the Code of Civil Procedure (in short C.P.C.) and directed the Nazir, Civil Court, Dhanbad to restore possession of the standing on Survey Plot No. 66 under Khata No. 140 of Mouja, Dhanbad.

2. The facts of the case, in brief, is that the plaintiff-petitioner filed Title Suit No. 60/90 for eviction of the defendant from Schedule-C property fully described at the foot of the plaint comprised within Khata No. 31, Plot No. 67, Holding Nos. 56 and 58 of Ward No. VI (old) of Dhanbad Municipality measuring an area of 5 kathas. The suit was decreed on 5.02.1997 and the judgment and decree was confirmed upto the Supreme Court. The petitioner then levied Execution Case No. 25/99 and the Court below issued writ of delivery of possession. It is contended by the petitioner that possession of the decretal premises as described w











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