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2002 Supreme(P&H) 102

M.M.KUMAR
Raj Kumar – Appellant
Versus
Parshotam Dass – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.P. Gupta, Senior Advocate with Mr. N.K. Sharma, Advocate.
For the Respondent Nos. 5A to 5F:Mr. Rajesh Chaudhary, Advocate.

JUDGMENT

M.M. Kumar, J. - This is a revision petition challenging the order dated 15.4.1981 passed by the Sub Judge Ist Class, Narwana dismissing the application of the petitioner-decree holder filed under Order 21 Rule 32 of the Code of Civil Procedure seeking execution of the decree passed in their favour on 14.10.1968.

2. The facts of the case are that one Bansi Lal filed a suit against respondent-judgment debtors No. 1 to 4 and respondent-judgment debtors No. 6 to 14. Some of them are now represented by their legal representatives. The suit was decreed in favour of the petitioners/decree holders. The respondent- judgment debtors No. 1 to 4 were restrained from raising any other construction on the suit land without getting it partitioned with other share holders. In the application filed for execution of this decree under Order 21 Rule 32 of the Code respondent No. 5 Objector (now represented by his legal heirs 5-A to 5-F) was impleaded for the first time and allegation levelled against him was that he has raised construction over the suit land. It was further asserted that having violated the terms of decree passed by the Civil Court on 14.10.1968 he is guilty of flouting the o










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