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2017 Supreme(All) 2626

ASHWANI KUMAR MISHRA
Sadanand – Appellant
Versus
Ram Rati (Since Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raj Kumar
For the Respondent: Neeraj Rai, Ganesh Shankar Dubey, Om Prakash Pandey, Radhey Shyam Singh

ORDER :

1. This petition is by the three sons of late Jayanti Prasad, Son of Kaushalya Devi, challenging the order passed by the executing court dated 10.3.2014, as well as the order dated 24.2.2015 affirming it in revision. A further order directing the process to be initiated in execution, dated 24.2.2015, is also assailed. Prayer has been made to allow the application filed under Section 47 of the Code of Civil Procedure in Misc. Case No.114 of 2009, arising out of Execution Case No.7 of 2009.

2. Facts, which are in issue, are that plaintiff Ram Rati instituted a suit for eviction of defendants, including Jayanti Prasad and later his sons, with the allegation that property in question i.e. House No.S-30/181, Shivpur, Varanasi, belongs to him, and that defendants were continuing in possession over part of the house as licensee. It is claimed that licence has been terminated, and the defendants are liable to be evicted. Notices were issued in the suit. Sahabdin, one of the sons of Jayanti Prasad, appeared in the suit, but did not file any written statement. Suit was ultimately decreed by the Small Causes Courts on 7.1.2008, after noticing the fact that order to proceed ex-parte as a
























































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