SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Raj) 1176

ALOK SHARMA
LAL CHAND – Appellant
Versus
BHAGYAWATI – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajvir Sharma, Advocate
For the Respondent:Mr. R.K. Agarwal, Senior Counsel with Mr. Mamoon Khalid, Advocate

ORDER :

ALOK SHARMA, J.

1. Under challenge is the order dated 20.10.2005 passed by the Additional District Judge No. 1, Kota whereby the executing court in the exercise of its powers under section 151 CPC allowed the restoration application filed by the respondent-decree holder (hereinafter 'decree holder') and recalled its order dated 18.7.1981 dismissing for non-prosecution the decree-holder's execution application No. 4/1979 in respect of the eviction decree dated 23.12.1977. Also under challenge is the Executing Court's order dated 28.9.2015 whereby the petitioner-judgment debtor (hereinafter 'judgment debtor') application for recall of its order dated 29.11.2005 has been dismissed. Consequential orders dated 28.9.2015 and 28.10.2015 relating to warrants of possession for the property from which the judgment-debtor is to be disposed and the decree-holder put into possession pursuant to the final decree for the eviction are also under challenge.

2. Admittedly on an eviction petition laid by one Bhagywati Devi (now deceased and represented by LRs) against her tenant Lal Chand (now deceased and represented by LRs) the judgment-decree in regard thereto to the plaintiff's benefit was p





















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top