LAL SINGH AND ORS. Vs. ANAR KHAN

JUDGEMENT

(1.) The plaintiff landlord has challenged by way of this revision petition the impugned order dt. 07.08.2010 passed by the learned Civil Judge (J.D.), Bail in Civil Execution Case No. 26/198 whereby his application filed under Sec. 11 C.P.C. before the learned trial Court his been rejected.

(2.) The landlord Lal Singh filed execution application against the respondent Anar Khan alias Anwar Khan in respect of a decree passed in his favour in execution case No. 26/1998 in respect of decree dt. 17.01.1989 in Civil suit No. 17/1988.

(3.) The learned counsel for the petitioner Mr. Rajesh Parihar submitted that said respondent Anar Khan alias Anwar Khan had separately filed a suit for injunction against the landlord in respect of same suit premises, namely, suit No. 41/1989 which was dismissed on 09.04.1996 and the first appeal against that judgment, namely first appeal No. 16/1996 also came to be dismissed y the first appellate Court on 05.04.2003. The Said Anar Khan filed second appeal before this Court, namely, SBCSA No. 163 of 2003, Anar Khan @ Anwar Khan Vs. Mangal Singh which also came to be dismissed by this Court on 12.12.2003. However, in the execution proceedings filed by the present petitioner landlord, the said Anar Khan filed objections under Order 21 Rules 97 and 98 C.P.C. in which the plaintiff landlord filed the present application under Sec. 11 C.P.C. stating that the objections were barred in view of Sec. 11 C.P.C. In view of said respondent having lost in injunction suit in respect of same suit premised upto High Court.