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2008 Supreme(MP) 811

U.C.MAHESHWARI
Sanjiv Paliwal – Appellant
Versus
Sumitra – Respondent


Advocates:
Ashok Lalwani for appellant; Mahendra Pateria for respondents.

ORDER

1. Heard on IA No. 11713/07. This is an application on behalf of the appellant-objector under section 5 read with section 14 of the Limitation Act for condoning the delay in filing the appeal under Order 21 rule 103 of the CPC being aggrieved by the Order dated 2.4.2007 passed by XIth Additional District Judge Bhopal in Execution ease No. 32/07 whereby his objections filed under Order 21 rule 97 read with rule 98 of the CPC has been dismissed. Such appeal is filed barred by 86 days.

2. It is undisputed fact on record that appellant being objector has filed this appeal against his mother respondent No.1, who being decree holder of the impugned decree under execution of the same has taken over the possession of the decreetal accommodation from the judgment debtors the respondents No.2 and 3.

3. As per averments of this IA, earlier to filing the objections under Order 21 rule 97 of the CPC in the executing Court, while pendency of the suit in which the impugned decree has been passed, the present appellant filed an application in such suit under Order 1 rule 10 of the CPC to implead him as party stating that he is in possession of the accommodation. Such application was dismi










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