JUDGEMENT
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(1.) The present revision petition,
has been filed against the order dated 21-8- 2004
passed by the learned Civil Judge (Jr. J
Divn.). Mohindergarh dismissing the petition
moved by the petitioner under Order
21, Rule 32, CPC.
(2.) It is not in dispute that the learned
Addl. District Judge, Narnaul passed the
following order on 21 -5-1986 :-
"In the result, the suit brought by the
plaintiff is directed to be decreed only to the
extent that the defendant Municipal Committee
shall not dispossess him from the
disputed property except in due course of
law. The appeal shall stand partly allowed
in the manner indicated above. The parties
are left to bear their own costs of these proceedings."
(3.) The petitioner had moved an application for
restoration of possession, which was
alleged to have been taken forcibly by the
judgment-debtor. However, the said application
has been dismissed merely on the
ground that the petitioner would be at liberty to
file contempt petition taut no execution application was competent. The learned
executing Court has not gone through the
merits of the case whether the petitioner has
been evicted against the decree passed by
the Court or not ?;
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