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2012 Supreme(MP) 848

R.C.MISHRA
Khusiram Awasthy – Appellant
Versus
Sahab Singh – Respondent


Advocates Appeared:
For petitioner: Niranjan Pathak
For respondent No. 1:S. P. Singh None for the respondent No. 2, though served.

JUDGMENT :

This revision, under section 115 of the Civil Procedure Code (for short 'the Code'), has been preferred against the order dated 5-4-2011 passed by 12th Addl. Sessions Judge, Jabalpur in Misc. Civil Appeal No. 11/2010, affirming the order dated 12-7-2006 passed by 3rd Civil Judge Class I, in Execution Case No. 229-A/94.

2. By the order dated 12-7-2006 (supra), the objection raised by the petitioner, under Order 21, Rule 97 read with section 105 of the Code, against execution of decree dated 24-10-1994 passed by Civil Judge Class I in Civil Suit No. 229-A/94 in favour of respondent No. 1, Sahab Singh (for short 'R1') and against the respondent No. 2, Beni Prasad (hereinafter referred to as 'R2'), was rejected. It was a decree for specific performance of a contract for sale of suit land whereas the objection was raised inter alia on the ground that the petitioner had been in a lawful possession thereof since 1979.

3. At the outset, it may be pointed out that the petitioner had preferred a second appeal contending that there was a mistake on the part of the Counsel to prefer an appeal, under Order 43, Rule 1(ja) of the Code, against the order dated 12-7-2006 and on the part of






















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