KISHORI LAL SUNDRIYAL Vs. RAM KRISHAN
HIGH COURT OF UTTARAKHAND
Kishori Lal Sundriyal
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(1.) HEARD Mr. J.C. Belwal,
learned counsel for the appellant and Mr.
Sudhir Kumar, learned counsel for the respondents.
(2.) THIS appeal is directed against the judgment and decree dated 23.05.2003 passed by Additional District Judge/IIIrd F.T.C.
Dehradun in F.A.F.O. No.378 of 1987 (Original suit No.31/1958), Ram Krishan Ashram
and others v. Kishori Lal Sundriyal, whereby
the first appellate court allowed F.A.F.O.
No.378 of 1987 of the respondent Nos.2 to
4/decree holders and set aside the judgment and order dated 20.02.1987 passed by the 1st
Additional Civil Judge, Dehradun in Civil
Misc. case No. 07 of 1982 (execution case
No.02 of 1973) (arising out of original suit
Before deciding whether any substantial question of law(s) arises for consideration in this appeal, some facts are necessary to be
According to the appellant in the year
1958 Captain J.M. Mitra filed a suit No. 31 of 1958 against Smt. Dayali Devi and Smt.
Deva Devi for recovery and possession of
the property in suit. The said suit was decreed on 27.03.1963. On the basis of decree
of the trial court, an execution application
bearing No. 9 of 1964 was moved for execution of the decree. The appellant has alleged
that on 23.12.1976 the respondent/decree
holder sold the property in question to Smt.
Mundry Devi W/o Sadhu Ram. On 08.01.1997,
the property in question was again sold by
the legal heirs of Smt. Mundry Devi to Smt.
(3.) THEREAFTER , on 02.02.1973, the respondents/decree holder again filed an application for execution bearing No.02 of 1973 before the Ist Additional Civil Judge, Dehradun. On 18.02.1982, the respondents/decree holders also filed an application under Order 21,
Rule 97, C.P.C. on the ground that the decree holder was obstructed by one Sri Kishori
Lal (the appellant herein) in obtaining possession in a portion of the disputed property.
Against the said application, the appellant
filed his objection on 06.03.1982.;
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