LAWS(MPH)-2023-12-4

USHABAI Vs. SARUBAI

Decided On December 07, 2023
USHABAI Appellant
V/S
SARUBAI Respondents

JUDGEMENT

(1.) This miscellaneous petition has been preferred by petitioners /defendants 1-2/judgment debtors challenging order dtd. 7/8/2023 (Annexure P/8) passed by 1st Civil Judge Senior Division, Chhindwara in execution case no.1/2023 whereby executing Court has dismissed petitioners' application under Sec. 47 r/w Sec. 151 CPC and has directed issuance of warrant of possession against the petitioners (Smt. Ushabai and Smt. Rukmanibai).

(2.) In the civil suit filed by respondents/plaintiffs, trial Court passed following decree. Last para of judgment dtd. 7/8/2009 passed by trial Court reads as under :

(3.) Aforesaid judgment and decree of trial Court was modified by first appellate Court vide its judgment and decree dtd. 25/2/2013, last para of which reads as under :