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2016 Supreme(MP) 745

VANDANA KASREKAR
Laxmi Devi (since dead through LRs) – Appellant
Versus
Anand Jaiswal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri R.K. Verma, Shri Sourabh Shrivastava
For the Respondents: Shri Girish Shrivastava, Shri P.N. Dubey

ORDER :

Vandana Kasrekar, J.

The petitioners have filed the present revision challenging the order dated 16/12/2013 passed by District Judge, Shahdol in Execution Case No. 47/2010.

2. Respondent No. 1 has filed a civil suit against respondent No. 2 for declaration of title permanent injunction as well as possession in respect of land ad-measuring to 86 x 45 sq.ft. The said civil suit was decreed by the trial Court vide judgment and decree dated 18/12/1997 against which an appeal was preferred by respondent No. 1 before this Court but the same was also dismissed and Special Leave Petition was preferred before the Supreme Court, however, the same was also dismissed. Respondent No. 1 thereafter initiated execution proceeding against respondent No. 2 and in the garb of the said decree, respondent No. 1 made an attempt to take possession of the house and the property of the objectors. The objectors, therefore, filed an application under Order 21, Rule 97 99 of CPC before the Executing Court. The application was dismissed vide order dated 11/3/2010. Against the said order, First Appeal No. 212/2010 was filed but the same was also dismissed by this Court vide judgment dated 3/2/2011. Review












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