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R. L. GULATI, R. S. PATHAK
Ragho Prasad – Appellant
Versus
Pratap Narain Agarwal – Respondent
JUDGMENT
R.S. Pathak, J. - This is a judgment-debtor's appeal directed against an order dated June 1, 1968 made by the learned First Additional Civil Judge, Agra issuing a fresh writ of possession to the respondent decree-holders for execution by a Commissioner appointed for that purpose.
2. The litigation involving the property in dispute dates back to 1919. There were a number of suits, of which the latest is suit No. 30 of 1945. The suit was filed by the decree-holder respondents for partition of their 314th share in certain properties and for possession of their separated share. On February 21, 1952 a preliminary decree for partition of the 314th share and for possession thereof was made under Order 20, Rule 18 of the Code of Civil Procedure. It was followed by a final decree on August 24, 1966. On may 15, 1967 the decree-holders filed an application for execution of the decree. Meanwhile, the judgment-debtors preferred an appeal in this Court against the final decree and made an application on May 18, 1967 for stay. of execution. The stay application was dismissed on the same day by B. Dayal, J. On the next day, they presented another stay application, this time before Seth, J.
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