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2009 Supreme(MP) 897

U.C.MAHESHWARI
SOBHA MISRA – Appellant
Versus
VINOD KUMAR – Respondent


Advocates Appeared:
Neeraj Ashar, Rakesh Sharma,

Judgment

( 1. ) THE appellants / objectors have directed this appeal under Section 100 of CPC being aggrieved by the judgment and decree dated 14. 08. 2007 passed by District Judge, Betul in Civil Regular Appeal No. 9-A/2007 affirming the order dated 6. 3. 2007 and 20. 2. 2007 passed by Additional Civil Judge class-I, Betul in Execution Case No. l75-A/00 (T. D No. 23/06) dismissing their separate applications filed under Order 21 Rule 97 of CPC.

( 2. ) THE facts giving rise to this appeal in short are that the respondents No. 1 and 2 herein filed a Civil Original Suit No. 20-A/99 against the respondents No. 3 to 5 for eviction with respect of some premises the same was decreed by the trial court vide judgment and decree dated 29. 6. 2002, on challenging the same by the respondents No. 3 to 6 in their two separate Civil Regular Appeals No. 3-A/03 and 15-A/03 the the same were dismissed, thereafter respondents No. 3 to 6 filed S. A. No. 456/03, on consideration the same was also dismissed by this Court vide order dated 11. 1. 2005. Accordingly, aforesaid decree passed by the trial Court had affirmed against the respondents No. 3 to 6. Subsequently on filing the execution proceedings by











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