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2013 Supreme(MP) 76

K.K.TRIVEDI
Mohammad Khan – Appellant
Versus
Ramgopal – Respondent


Advocates:
Umesh Shrivatava for applicant; R.L. Ariha for respondents.

ORDER

1. The grievance of the applicant in the present revision is against the order dated 29.2.2012 passed in Misc. Civil Case No. 79/2009, by the II Civil Judge, Class-I, Rewa, rejecting the application under section 47 of the Code of Civil Procedure filed by the applicant.

2. Undisputed facts are that a suit was filed by the original decree holder Ramgopal, son of Ramnath Soni (since deceased) against the applicant being Civil Suit No. 249/1989 for possession of immovable property. Specific claim for grant of decree was made by the original decree holder. The suit was decreed and an appeal filed against the said judgment and decree was dismissed by the first appellate Court. A second appeal was preferred before this Court by the applicant, which too was dismissed on 6.7.2011. The respondents filed the execution of the judgment and decree and in the execution proceedings, instead of giving possession of land measuring 1440 Sq. Ft., some more land was delivered to the respondents. The objecteion was filed by the applicant under section 47 of the Code of Civil Procedure and it was said that the excess land given in possession of the respondents in alleged execution of the judgment a










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