S.S. DIXIT Vs. SAROJ BHARGAVA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent No.1.

(2.) This first appeal is directed against order dated 01.03.2012 passed by A.D.J. Court No.17, Agra in Misc. Case No.77 of 2010, which had been initiated by the appellant by filing application under Order XXI Rule 97, C.P.C. By virtue of Order XXI Rule 103, such orders have the same force and are subject to the same conditions as to an appeal as if it were a decree hence this appeal.

(3.) Respondent No.1, Smt. Saroj Bhargava instituted S.C.C. Suit No.90 of 2008 against respondent No.2, Vijay Upadhyay asserting therein that respondent No.2 was her tenant in the property in dispute. The suit was decreed which decree was maintained by the High Court as well as Supreme Court. The application giving rise to this appeal was filed by the applicant appellant in Execution Case No.2 of 2010, Saroj Bhargava Vs. Vijay Upadhyay, which had been initiated by respondent No.1 for execution of decree passed in S.C.C. Suit No.90 of 2008.