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1970 Supreme(MP) 6

G.P.SINGH
PANDIT RAMGULAM CHOUBEY – Appellant
Versus
MAHINDRA KUMAR – Respondent


Advocates Appeared:
B.C.VERMA, S.L.JAIN,

JUDGMENT :

( 1. ) THE facts giving rise to this revision are that in Civil Suit no. 6-A of 1965, decided by 2nd civil Judge, Class II, Khurai on 15th December, 1966, the petitioners obtained against Mahendra Kumar, the respondent no. 1 to this petition, a decree for possession of about 27 acres of lands situated in village Rathore of tahsil Khurai. The decree-holders made an application for execution of the decree on 13th April, 1967. A warrant for delivery of possession under Order 21, rule 35 of the Code of Civil Procedure was issued on 8th May, 1967 but was returned unexecuted as the Bailiff, according to his report, was obstructed and resisted by certain persons in executing the warrant. The execution application was eventually dismissed on 4th May, 1968 Thereafter, two more execution applications were filed, which were also dismissed; the last of them was dismissed on 30th November, 1968. The record before me does not give any clear idea as to what happened in these execution applications. It, however, appears that the execution of warrant for delivery of possession was also resisted in the third execution case. The decree-holders then on 22nd April, 1969 filed the fourth execu


















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