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2015 Supreme(Jhk) 1201

AMITAV K.GUPTA
Jitendra Pal Singh – Appellant
Versus
Chandrakala Jain – Respondent


Advocates Appeared:
For the Petitioner:Mr. Manjul Prasad, Sr. Advocate
For the Opp-parties :M/s Amar Kumar Sinha, S.K. Sinha, K.K. Ambastha, Md. Abdul Wahab, Sandeep Verma, Advocates

ORDER :

The present revision application has arisen out of the decree passed in Title Suit no.44 of 1981 which was instituted by the plaintiffs-Mohri Devi Sethi and her husband-Lalchand Jain Sethi(predecessors of the opposite parties). That the said suit was decreed vide judgment dated 13.03.1986 whereby defendant-petitioner/judgment debtors were directed to be evicted from the suit premises. Against the said judgment /decree, judgment-debtors preferred Title Appeal no.23 of 1986 which was allowed by the Addl. Judicial Commissioner, 1st by judgment and decree dated 01.07.1992 and 30.07.1992 respectively. The plaintiffs/O.Ps challenged the same in Second Appeal no.109 of 1992(R). During the pendency of the appeal, the suit property was bequeathed by the plaintiffs (predecessor) to Chandrakala Jain, w/o Santlal Jain, Surender Jain and others (O.P./decree holders), in the present revision. The Second Appeal vide judgment dated 29.10.1999 affirmed and restored the decree passed in Title Suit no.44 of 1981. Thereafter O.P.-decree holders instituted Execution Case no.4 of 2011 for executing the decree. On summons/notice, the petitioner/judgment debtors filed the show cause praying therein































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