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2001 Supreme(P&H) 71

M.M.KUMAR
Avinash Chander – Appellant
Versus
Hazura Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Alok Jain, Advocate.
For the Respondent No. 1 (through his LRs), 2 and 3: None
For the Respondent No. 4:Ms. Harsh Rekha, Advocate.

JUDGMENT

M.M. Kumar, J. - This is a revision petition filed by the decree-holder against the order dated 13.10.1980 passed by the Executing Court dismissing his execution application, wherein prayer was made that the executing court may issue warrant of possession against the respondent-judgment-debtors.

2. In order to appreciate the controversy in proper prospective, it is important to make a brief reference to the facts of this case, which led to the passing of a decree on. 12.4.1960. One Dalla Mal had two sons namely Labhu Ram and Khushi Ram. Khushi Ram died issueless on 25.10.1964 and Labhu Ram had one son namely Kewal Kristian. Labhu Rain died on 1.12.1959. Labhu Ram and Khushi Ram had effected some partition of their joint property on 1.10.1945. On 10.1.1950 Kewal Krishan and his two minor sons Avinash Chander and Subhash Chander filed a civil suit to enforce their right to share in the joint family property by recovery of joint possession of moveable and immovable properties and for declaration that the aforementioned partition alleged to have been effected between Labhu Ram and Khushi Ram on 1.10.1945 or any other date was bogus, factitious and fraudulent. Their suit was dec











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