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1997 Supreme(SC) 1330

A.S.ANAND, S.RAJENDRA BABU
Parsion Devi – Appellant
Versus
Sumitri Devi – Respondent


ORDER

This appeal by special leave calls in question an order passed by a single Judge (G.D. Sharma, J.) of the High Court of Jammu & Kashmir on 6.3.1997 in exercise of the review jurisdiction under Order 47 Rule 1 CPC. The learned Judge upset the findings recorded on April 25, 1989 in Civil Revision No. 87 of 1987 by another single Judge (K.K. Gupta, J.) of that Court.

2. Shorn of details, brief facts necessary for disposal for this appeal are that on November 28, 1977 a suit, filed by the appellants, was decreed and an injunction was issued to the defendant-respondents to close down the passage carved out by opening a door from the wall and further the defendants were restrained from using that passage. On August 7, 1986 an application for execution of the decree was filed in the Executing Court on the ground that the injunctions were being violated. The judgment debtor filed objections to the Execution Application and raised a preliminary objection to the effect that the Execution Application was barred by time. The Executing Court vide order dated May 6, 1987 upheld the preliminary objection and held the Execution Application to be barred by time. The matter was taken up in re













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