S.N. SAPARA Vs. P.K. JANA

JUDGEMENT

(1.) S .N.Sapra has challenged 2 orders passed by the learned Executing Court. Firstly, he challenges the order dated 6.11.2006 under which his objection to the enforceability of the judgment and decree dated 2.9.2004 has been repelled. The second order under challenge is dated 2.12.2006 wherein similar objections filed by him laying a challenge to the decree itself has been repelled by the learned Executing Court. The reason which principally flows in both the orders is that earlier on also, S.N.Sapra had filed objections to the execution of the decree which were dismissed vide order dated 27.5.2005. An additional reason is to be found to the effect that similar pleas were negated when his application under Order 9 Rule 13 CPC was dismissed vide order dated 20.5.2005.

(2.) RESPONDENTS hereinafter collectively referred to as 'Janas' and S.N.Sapra are at loggerheads with each other since the year 1994.

(3.) S .N.Sapra failed to contest the suit filed by Janas. He failed to prosecute his counter claim. Result was that his counter claim was dismissed and Janas obtained an ex-parte decree for possession against him on 4.9.2004.