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2022 Supreme(P&H) 1308

LISA GILL
Pawan Kumar – Appellant
Versus
Pankaj Sharma – Respondent


Advocates:
Mr. D.S.Malwai, Advocate, for the Appellant; Mr. V.K. Jindal, Senior Advocate, with Mr. Gopal Soni, Advocate, for the Respondent.

JUDGMENT

Lisa Gill, J. - This revision petition has been filed for setting aside order dated 16.10.2018, passed by the learned Civil Judge (Junior Division), Ludhiana, vide which application filed under Order 21 Rule 89 CPC by judgment debtor no.4 namely Pankaj Sharma, arrayed as respondent no.1 in this revision petition, has been allowed for setting aside the sale conducted on 14.05.2018.

2. Brief facts necessary for adjudication of the case are that, the petitioner No.1-Pawan Kumar and petitioner No.2-Surinder Kumar as well as respondent No.5-Darshana Devi, children of Ram Dev son of Shri Ami Chand, filed a suit for partition of the property in question, as detailed in the plaint including four shops and a house situated at its back by metes and bounds for 1/4th share of the plaintiffs and also sought the accounts of 1/4th share of the plaintiffs and arrears of rent for three shops from 04.04.2006. Suit was decreed and preliminary decree was passed on 05.05.2011 by the learned Civil Judge (Junior Division), Ludhiana. An application for passing of the final decree was filed, which was allowed by the learned Civil Judge (Junior Division), Ludhiana, vide judgment and decree dated 05.0

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