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2002 Supreme(P&H) 194

K.C.GUPTA
Minakshi Saini – Appellant
Versus
Gurcharan Singh Bharmra – Respondent


Advocates Appeared:
For the Petitioners:Mr. Arun Jain, Advocate with Mr. M.L. Saggar, Advocate.
For the Respondents:Mr. Amit Rawal, Advocate.

JUDGMENT

K.C. Gupta, J. - This revision petition is directed by the objector Minakshi Saini and Rajeev Saini against Gurcharan Singh Bharam and others-decree holders against the order dated 19.10.2001 passed by the Additional District Judge, Ludhiana, whereby their appeal was dismissed and the order dated 2.5.2001, passed by the Civil Judge (Jr. Div.), Ludhiana, vide which their objections were dismissed was upheld.

2. Briefly stated, the facts are that in a suit Gurcharan Singh and others v. Gurbaksh Singh and another, a preliminary decree was passed by the Subordinate Judge Ist Class, Ludhiana, on 29.8.1980 and it was declared that the property in dispute was jointly owned and possession by the parties thereto to the extent of 1/8th share each. An appeal preferred against the said judgment and decree dated 29.8.1980 was dismissed by the Additional District Judge, Ludhiana, on 7.4.1983. On 29.11.1994, a final decree was passed. In order to secure possession in terms of that final decree, an execution applications was filed on 9.3.1996. Warrants of possession were issued by the Executing Court which were resisted. Gurcharan Singh etc. decree-holders moved an application to the Execu












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