SANJIV PALIWAL Vs. SUMITRA

JUDGEMENT

(1.) HEARD on IA No. 11713/07. This is an application on behalf of the appellant-objector under section 5 read with section 14 of the Limitation Act for condoning the delay in filing the appeal under Order 21 rule 103 of the CPC being aggrieved by the Order dated 2.4.2007 passed by Xlth Additional District Judge Bhopal in Execution Case No. 32/07 whereby his objections filed under Order 21 rule 97 read with rule 98 of the CPC has been dismissed. Such appeal is filed barred by 86 days.

(2.) IT is undisputed fact on record that appellant being objector has filed this appeal against his mother respondent No. 1, who being decree holder of the impugned decree under execution of the same has taken over the possession of the decreetal accommodation from the judgment- debtors the respondents No. 2 and 3.

(3.) SUBSEQUENT to it, the impugned judgment and decree was passed in such suit in favour of respondent No. 1 the mother of the appellant, and against the respondent No. 2 and 3, on which the appellant filed the Civil Original Suit No. 70-A/07 in the Court of Vth Additional District Judge, Bhopal challenging the aforesaid decree by filing the suit for declaration and perpetual injunction, declaring him to be in possession of the disputed accommodation and such decree is not binding on him and in pursuance of it the prayer for issuing perpetual injunction restraining the respondent No. 1 from taking the possession of accommodation under execution of such decree was also prayed. In pendency of suit he also filed an application for interim injunction but could not get success and the same was dismissed by order dated 7.9.2007, and ultimately such suit has also been dismissed by Xth Additional District Judge, Bhopal vide judgment dated 18.3.2008 in Civil Original Suit No. 44-A/07 (No. 70-A/07 in the Court of Vth Additional District Judge, Bhopal).