MINASHI SAHU Vs. N.A.KHAN

JUDGEMENT

(1.) The twin questions involved in the civil revision are as under:-

(2.) The aforesaid twin questions arises in the instant revision on the following factual back drop :-

(3.) Mr. Vijay Kumar Mishra and Mr. Krishna Kumar Khatri, learned counsels for the objector/applicant herein would firstly submit that since there was no decree for possession in favour of non-applicant No.1 except the decree for specific performance of the contract, therefore, the executing court could not have rejected the application filed by the objector/applicant herein and secondly, the application filed on 23/10/2013 at the instance of decree holder under Order 21 Rule 97 of C.P.C. was barred by principles of res judicata enumerated in Sec. 11 of C.P.C. and they would rely upon the decision of Madhya Pradesh High Court in the matter Onkarlal v. Ramchandra, 1981-II M.P. Weekly Notes 215 .