JAGDISH MOTILAL JOSHI Vs. CHANDRAPAL TULSIRAM BHOLA

JUDGEMENT

(1.) THIS appeal can be finally disposed off without paper book on the basis of record placed before this Court by appellant. Respondent no. 2 who is contesting agrees for final disposal. Therefore, appeal against order is taken up for final disposal. Fresh service on the respondent No. 1 the Judgment debtor against whom the decree has become final and who was absent before executing Court as well as before this Court iis dispensed with as the decree has become final against him, as well he did not contest the execution, or objection proceedings.

(2.) REGULAR Civil Suit No. 118 of 1990 a summary suit under section 6 of specific Relief Act, 1963 of the Court of Civil Judge Junior Division. Hinganghat was filed by the present appellant, claiming that he was forcibly dispossessed by respondent No. 1 the landlord. The suit came to be decreed.

(3.) ADMITTEDLY, the present respondent No. 2 Sanjivani is the wife of Anil bhola who is the son of original judgment debtor the respondent No. 1. When decree was put to execution in R. D. No. 44 of 2000, at the time of delivery of possession, the respondent No. 2 hereinafter referred for the sake of convenience and brevity as an 'objector' submitted her petition for objection under Rule 97 of order 21 before the Executing Court.