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2009 Supreme(All) 438

SUNIL AMBWANI
MURTI DEVI – Appellant
Versus
Vth ADDL. DISTRICT JUDGE – Respondent


Advocates:
Counsel :
M.K. Gupta for the Petitioners; Ravi Agrawal for the Respondents.

JUDGMENT

Hon’ble Sunil Ambwani, J.—Heard Shri M.K. Gupta, learned counsel for the petitioners. Shri Ravi Agrawal appeared on behalf of respondents.

2. This writ petition arises out of an order passed by Civil Judge, Ghaziabad on 20.1.1989 in Misc. Case No. 301 of 1988, Smt. Maya Devi v. Smt. Murti Devi, in which the objections under Section 47 read with Section 151 of Code of Civil Procedure were partly allowed and the decree of ejectment was held not to be executable. By the judgment and order dated 23.11.1990 the Vth Additional District Judge, Ghaziabad, dismissed Civil Revision No. 32 of 1989 under Section 25 of the Provincial Small Causes Court Act read with Section 115 of CPC.

3. Brief facts, giving rise to this writ petition are that Smt. Murti Devi filed a JSCC No. 976 of 1997 against Smt. Maya Devi for eviction. The suit was decreed on 20.1.1978. In Execution Case No. 712 of 1988 Smt. Maya Devi filed objections under Section 47 of the Code of Civil Procedure (Misc. Case No. 48 of 1988) claiming that the decree was a nullity. The objections were rejected by the Civil Judge on 16.10.1988, against which the Revision No. 259 of 1988 was dismissed on 17.10.1981.

4. Smt. Maya Devi-th

















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