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2015 Supreme(All) 3723

ASHWANI KUMAR MISHRA
Pooja Garg – Appellant
Versus
Satya Prakash Goyal – Respondent


Advocates Appeared:
For the Petitioner:- Chetan Chatterjee

JUDGMENT

Ashwani Kumar Mishra, J.

1. This petition has been filed under Article 227 of the Constitution of India, for setting aside the order dated 20th March, 2015, passed in Execution Case No. 1 of 2013, pending before the court of Civil Judge (Senior Division), Saharanpur. By the said order, which is contained in Annexure 13 to the petition, decree holder has been directed to take steps to issue writ for Amin to deliver possession pursuant to decree of possession to the decree holder. This order has been passed in Execution Case No.1 of 2013, pursuant to a decree passed by the competent court. It is not in dispute that such decree has attained finality.

2. The petitioner in the present petition alleges that she is landlord of the property in question, and has filed an application, under Order 21 Rules 97, 99 & 103 read with Section 151 CPC, with the prayer that she be permitted to resist the decree, and an order be passed for delivering the possession of the property to the applicant. From the perusal of prayer of the application itself, it is apparent that the petitioner is not in possession, and that she is seeking possession over the property in question.

3. Order 21 Rule 97 C





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