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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 5457 of 2002

PETITIONER:

TANZEEM-E-SUFIA

Vs.

RESPONDENT:

BIBI HALIMAN AND ORS.

DATE OF JUDGMENT: 03/09/2002

BENCH:

R.C. Lahoti & Brijesh Kumar.

JUDGMENT:

BRIJESH KUMAR, J.

Leave granted.

Heard learned counsel for the parties.

While issuing notice on 28.9.2001, this Court

passed the following order:

"Issue notice limited to the question as

to why the petitioner should not be allowed

to pursue at least one of the two remedies

either to proceed with application under

Order XXI rule 97 C.P.C. or with civil suit.

Until further orders the petitioner shall not

be removed from possession in execution of

decree."

The brief facts of the case are that the respondent

Bibi Haliman and others had filed a title suit No. 8of

1983 for eviction of the defendants. The suit relates

to holding No. 116 (Old)/182 (New) situated in ward No.

2 of Giridhih Municipality. The suit was decreed in

favour of Bibi Haliman in pursuance whereof the

defendants were to handover the possession of suit

property to the plaintiff. The decree holder Bibi

Haliman and others filed an execution case