GH MOHD KHAN Vs. ALI MOHD LORIHANJI
HIGH COURT OF JAMMU AND KASHMIR
Gh Mohd Khan
Ali Mohd Lorihanji
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(1.) THIS revision petition is directed against the order dated 8th April, 2006 passed by the court of Sub -Judge (Judge Small Causes), Srinagar, in execution petition No.8, date of institution - 07.08.1991, whereby and
where -under an application moved by the decree holders for amending the
execution petition on 19.07.2005 came to be allowed, which shall be
hereinafter referred to as impugned order.
(2.) THIS petition is outcome of a suit which came to be, filed on 11th March, 1983 and, diarized as Civil Suit No.16/N. After going through the cumbersome procedure it came to be decreed on 26.06.1991.
(3.) EXECUTION petition came to be filed on 7th August, 1991 but could not be preceded ahead because decree holders were caught by
labyrinth of civil courts with their layers upon layers of appeals,
revisions and other procedural laws and the procedural wrangles and
tangles. Ultimately the lis ended in favour of the decree holders and
decree passed on 26th June, 1991 came to be upheld and thereafter
executing court proceeded with the execution petition.
The execution petition came up for effective hearing on 19th May, 2005. It appears that Mr. Qureshi filed objections on 24th June,
2005 and resisted the execution of the decree on various grounds taken in the objections and also on the ground that the subject matter disclosed
in the execution petition is a shop but decree came to be granted in
respect of a room and prayed that it be dismissed.;
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