J.K.MAHESHWARI
Kanta – Appellant
Versus
Arvind Tare – Respondent
J.K. Maheshwari, J.
1. This revision under Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code') has been filed assailing the order dated 21-1-2011 passed by the 10th Additional District Judge, Indore in Misc. Case No. 10/2010 whereby the application filed by the applicants under Order 7 Rule 11 of the Code was rejected.
2. The facts of the case are that the applicants decree-holders filed Civil Suit No. 26-A/2009 against the Municipal Corporation, Indore and State Government which was decreed on 18-3-2010. The said suit relates to plot bearing No. 119-A having boundaries in east A.B. Road, in West Janki Nagar Main Road, in North Plot No. 53 Annex Janki Nagar and in South Plot No. 118 Janki Nagar, Indore for declaration, to deliver vacant possession and to restrain them for interfering in construction. It was decreed in part with a direction to deliver the possession of the suit land to the Plaintiffs. During pendency of the execution proceedings non-applicant No. 1 had filed an application under Order 21 Rule 97 read with Section 151 of the Code stating that he is the resident of Janki Nagar and also in occupation to use the public road situated at Plot No. 53
1. Hamid Khan Ansari v. Lilabai 2004 (3) M.P.H.T. 58 : 2004 (II) MPWN 137;
2. Shobha Mishra and Anr. v. Vinod Kumar and Ors. 2010 (I) MPWN 19;
3. Sanjiv Paliwal v. Smt. Sumitra and Ors. 2009 (I) MPWN 79;
4. Silverline Forum Pvt. Ltd. v. Rajiv Trust and Anr. AIR 1998 SC 1754;
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