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2015 Supreme(Jhk) 415

SHREE CHANDRASHEKHAR
Jagdish Pandey – Appellant
Versus
Urmila Pandey – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajiv Ranjan, Advocate Mr. Shresth Gautam, Advocate For the Respondents:Mr. A. K. Das, Advocate

ORDER :

Aggrieved by order dated 22.07.2013 and order dated 04.01.2014 in Execution Case No. 07 of 2012, the present writ petition has been filed.

2. Title (Partition) Suit No. 15 of 2000 was filed by one Ramjee Pandey for 1/5th share in the suit schedule property. A preliminary decree was prepared on 07.03.2002 and the final decree was prepared on 17.05.2002. The father of the present petitioner was defendant no. 1 in the said partition suit. The father of the petitioner died on 26.11.2003. The plaintiff filed Execution Case No. 97 of 2002 which was dismissed in default on 14.01.2006. In the meantime, a compromise agreement was executed. One of the co-sharers against whom an ex-parte decree was passed, filed application under Order IX Rule 13 CPC however, the same was dismissed in default. Some of the other co-sharers filed Misc. Case No. 21 of 2013 for setting-aside the ex-parte decree and the said case has been admitted for hearing. The substituted plaintiffs filed second Execution Case bearing Execution Case No. 7(158/12) of 2012. in which order dated 22.07.2013 was passed against the judgment-debtor nos. 2, 3, 5, 7 & 9 and the execution proceeded ex-parte against the said j









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