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2021 Supreme(Jhk) 375

RAJESH SHANKAR
Ramchandra Ram – Appellant
Versus
Shailendra Kumar @ Abhay Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Amar Kumar Sinha.
For the Respondent: Mr. Rahul Kumar Gupta.

JUDGMENT :

RAJESH SHANKAR, J.

1. The present civil miscellaneous petition is taken up today through Video Conferencing.

2. The present civil miscellaneous petition has been filed for quashing the orders dated 19th September, 2018 and 13th November, 2019 passed by the learned Civil Judge (Junior Division)-II (Munsif), Koderma in Execution Case No. 04 of 2013, whereby the petition filed by the decree holder/petitioner under Order VI Rule 17 read with Sections 151, 152 and 153 of CPC has been rejected.

3. The factual background of the case as stated in the present civil miscellaneous petition is that the plaintiff/petitioner and one Mira Devi the respondent no. 2 filed Title Suit No. 41 of 2010 against the defendant/respondent no. 1 in the court of learned Civil Judge (Junior Division)-II (Munsif), Koderma praying inter-alia for declaration of their title and possession with respect to the suit land as described in ‘Schedule-A’ of the plaint and for grant of permanent injunction against the defendant/respondent no. 1 restraining him from going over the suit land. The learned court below disposed of the said suit in terms with the Judgment dated 12th March, 2013 (the decree was signed on 1

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