NANDKISHORE Vs. SAU INDERABAI HOLKAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against an order passed by Civil Judge, Class II, Indore, in Civil Execution Case No. 198A of 1965.

(2.) The facts necessary for disposal of this revision petition are that the non- applicant decree-holder obtained a decree for eviction against the petitioner- judgment-debtor. The execution of this decree was pending in the court below. The execution was stayed on account of appeal to this Court and after the appeal in this Court was disposed of and the decree was maintained, a special leave petition was preferred before Hon'ble the Supreme Court of India and the Supreme Court by its order dated 8-12-19T6 dismissed the leave petition and passed the following order.

(3.) Learned counsel for the petitioner contended that the order passed by the Supreme Court is a final order and the orders passed by the subordinate courts merged into that order and within the meaning of the language of Order 45, Rule 15 of the Code the execution of this order could only be done by following the procedure prescribed in Order 45, Rule 15 of the Code. In support of his contention learned counsel placed reliance on a Division Bench decision of this Court noted in Madarsa Hakimia etc. V. Mulla Ali Bhai, 1964 MPLJ (Note A) 205, and Birendra Bikram Singh T. Basdeo, AIR 1936 Oudh 185 and Durga Charan Chatterjee v. Smt. Benodini Debi, AIR 1944 Cal 301 (1).