VINOD Vs. RADHA KISHAN GUPTA

JUDGEMENT

(1.) Heard learned counsel for the defendant-petitioners-judgment debtor and Shri M.D. Singh Sekhar, learned Senior Counsel assisted by Shri A.K. Malviya for the plaintiff-respondents-decree holder.

(2.) The defendant-petitioners-judgment debtors are before this Court assailing the order dated 7.4.2018 passed by Executing Court in Execution Case No.02 of 2015 (Sandeep AgrawalOrs. Vs. Savitri DeviOrs.) and the order dated 19.07.2018 passed by Lower Appellate Court in Civil Revision No.83 of 2018 (VinodOrs. Vs. Sandeep AgrawalOrs.) and for a direction restraining the dispossession of the petitioners from the disputed property.

(3.) The record in question reflects that the plaintiff-decree holder respondents had filed Suit No.63 of 1977 (Ram Kishan Vs. BirjuOrs.) for possession and injunction in respect of suit property shown with letter no.M.N.O.P. and land shown with letter nos. A.B.C.D.F. situated over revenue plot no.117/1 and 126 Mohalla Nawabganj against the defendant-petitioners. Finally the aforesaid suit was decreed by judgment and order dated 1.12.1982 by the trial court. The said judgment and decree had been assailed by the petitioners by preferring First Appeal No.114 of 198 The same was dismissed vide order dated 15.12.1988. The defendant-petitioners preferred Second Appeal No.826 of 1989 (Virju Ram Rawat Vs. Radha Kishan Gupta) challenging the judgment and decree of two courts below. In the said second appeal following interim order was passed on 17.4.1989:-