DOLA Vs. MUZAMMIL HUSSAIN

JUDGEMENT

(1.) THOUGH , the case is fixed for admission, at the request of the parties, it is finally heard. C.S. No. 61-S/76 as against defendant Nos. 8, 9 Amaan and Gyarsa was decreed vide judgment-decree dated 10.10.1977, Court of Civil Judge - Class-I, Raisen. The defendant Nos. 8, 9 Amaan and Gyarsa did not prefer appeal against that judgment-decree, however, the suit in respect of remaining defendants since was dismissed the plaintiff-respondent preferred an appeal No. 10-A/88 in the Court of District Judge, Bhopal.

(2.) THIS was decided on 29.8.1991. Thereafter, on 27.9.1994 execution petition was filed against the petitioners who are legal heirs of deceased Amaan, was resisted on the grounds :

(3.) THE aforesaid submission of the petitioner was not discussed by the Civil Judge on facts and law in the impugned order dated 23.3.1995. Accordingly the revision is allowed. The impugned order is set aside instead the Civil Judge is directed to hear the arguments afresh and decide the application within one month. The parties are directed to appear before the Civil Judge on 14.4.2003 and also to produce the certified copy of the order. C.C. be supplied today.