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1983 Supreme(All) 352

K.C.AGRAWAL, O.P.SAXENA
MUKAND LAL – Appellant
Versus
LAL DILA RAM (DECEASED BY L. R. ) – Respondent


Advocates Appeared:
V.K.Gupta

K. C. AGRAWAL, J.

( 1 ) THIS is an execution first appeal preferred by Mukund Lal and others against the judgment of the Civil Judge, Saharanour dated 9-12-1969, allowing the objection of the respondents filed under Section 47 of the Civil P. C.

( 2 ) SUIT No. 52 of 1929 filed by Pooran Mal and others for partition was decreed and a preliminary decree was passed on 12th May, 1932. This was followed by a final decree dated 5th march, 1934. Subsequently auras were prepared.

( 3 ) ON an application for execution filed by the decree holders. Case No. 53 of 1946 was registered by the executing court. Through this application the plaintiff claimed possession over the quras allotted to them. Against the execution application, an objection was filed by the defendants which was numbered as 44 of 1965. The objections were dismissed on 9-12-1969. Against the dismissal of the objection the defendants filed the Execution First Appeal No. 2 of 1970 which has been dismissed by us by a separate judgment today.

( 4 ) ON 12-10-1965, the defendants applied for execution of the decree which was numbered as execution case No. 51 of 1965. They prayed for possession over the quras which were allotted to






















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