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AMITAV K.GUPTA
Jitendra Pal Singh – Appellant
Versus
Chandrakala Jain – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Manjul Prasad, Sr. Advocate
For the Opp.Parties:M/s. Amar Kumar Sinha, S.K. Sinha, K.K. Ambastha, Md. Abdul Wahab and Sandeep Verma, Advocates

JUDGMENT

Amitav K. Gupta, J.—The present revision application has arisen out of the decree passed in Title Suit no.44 of 1981which was instituted by the plaintiffs-Mohri Devi Sethi and her husband- Lalchand Jain Sethi(predecessors of the opposite parties). That the said suit was decreed vide judgment dated 13.03.1986 whereby defendant-petitioner/judgment debtors were directed to be evicted from the suit premises. Against the said judgment /decree, judgment-debtors preferred Title Appeal no.23 of 1986 which was allowed by the Addl. Judicial Commissioner, 1st by judgment and decree dated 01.07.1992 and 30.07.1992 respectively. The plaintiffs/O.Ps challenged the same in Second Appeal no.109 of 1992(R). During the pendency of the appeal, the suit property was bequeathed by the plaintiffs (predecessor) to Chandrakala Jain, w/o Santlal Jain, Surender Jain and others (O.P./decree holders), in the present revision. The Second Appeal vide judgment dated 29.10.1999 affirmed and restored the decree passed in Title Suit no.44 of 1981. Thereafter O.P.-decree holders instituted Execution Case no.4 of 2011 for executing the decree. On summons/notice, the petitioner/judgment debtors filed the show






























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