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2010 Supreme(Jhk) 573

R.K.MERATHIA
Savitri Devi – Appellant
Versus
Jaitunnisha – Respondent


ORDER

R.K. Merathia, J.

1. This writ petition has been filed against the order dated 22.9.2005 passed by Subordinate Judge V. Ranchi dismissing the Misc. Case No. 77 of 1985 registered on the objection filed by the judgment debtors-Petitioners under Section 47 of the Code of Civil Procedure.

2. Mr. P.K. Prasad, learned senior counsel appearing for the Petitioners challenged the impugned order on the various grounds whereas Mr. Amar Kumar Sinha, learned Counsel for the Respondent supported it.

3. It appears that Title Suit No. 220 of 1982 was filed by the Respondent for specific performance of the contract against the Petitioners. Suit was decreed. The Respondent filed execution case being Execution Case No. 70 of 1984 in which the objection in question was filed by the Petitioner which was registered as Misc. Case No. 77 of 1985. The Petitioners also filed appeal in this Court against the said judgment and decree, which was registered as First Appeal No. 42 of 1984(R). The appeal was allowed against which an appeal being L.P.A. No. 42 of 1999(R) was filed by the Respondent. By the judgment dated 7.8.1987, the L.P.A. was allowed and the judgment and decree passed by the trial Court was








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