Decided on March 15,2013

Kishori Lal Sundriyal Appellant
RAM KRISHAN Respondents


- (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 No.31/1958). Before deciding whether any substantial question of law(s) arises for consideration in this appeal, some facts are necessary to be narrated: - 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. Smita Pathak.
(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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