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2010 Supreme(P&H) 2136

ALOK SINGH
Nathu Ram – Appellant
Versus
Tilak Raj – Respondent


Judgment

Alok Singh, J.

1. Petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, assailing order dated 18.5.2009 passed by the Civil Judge, Junior Division. Batala, whereby the Executing Court has dismissed the objection filed by the petitioner under Order 21 Rule 97 read with Section 151 CPC.

2. To understand the controversy between the parties, family tree is being reproduced here under: - Ram Narayan ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- Guro Bawi Bansi Lai (daughter) (daughter) (son) I---------------------------------------1 . I I Ram Piari Durga Tilak Raj Nathu Ram (Def. No.l)(Def. No.2) Daughter Daughter I.I Nirmal Vijay (Def. No.3) (Def. No.4) daughter son-in-law.

3. Tilak Raj son of Bawi, one of the daughters of Ram Narayan, preferred Civil Suit No.359 of 1998 in the Court of Civil Judge Junior Division, Batala, against Ram Piari, Durga, Nirmal and Vijay, seeking a declaration to the effect that the plaintiff is owner of the house marked ABCDEF as shown in the site plan annexed with the plaint. Main ground















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