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2000 Supreme(P&H) 669

V.M.JAIN
Kasturi Devi – Appellant
Versus
Harbant Singh – Respondent


Judgment

1. This is a Revision Petition against the order dated 20-2-1999 passed by the Executing Court dismissing the objections filed by the petitioners.

2. The facts, which are relevant, for the decision of the present revision petition are that Harbant Singh had filed a suit for permanent injunction against Balbir Singh, Girdhari, Mahabir and Om Parkash-Defendants. During the pendency of the suit defendants Nos. 2 and 3 namely Girdhari and Mahabir were reported to be dead and accordingly they were given up. The other two defendants i.e. 1 and 4 namely Balbir Singh and Om Parkash had initially put in appearance but later on they did not put in appearance and consequently they were proceeded against ex parte. Thereafter the plaintiff produced ex parte evidence and after hearing the counsel for the plaintiff, the learned trial Court vide judgment and decree dated 18-12-1992 decreed the suit of the plaintiff ex parte against defendants 1 and 4 namely Balbir Singh and Om Parkash and they were restrained from interfering into the cultivating possession of the plaintiff over the suit land except in due course of law. Subsequently Harbant Singh decree holder moved Execution Petition dat













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