GANPAT LAL SHAH AGE ABOUT 53 YEARS S/O SHRI RAJMAL JI SHAH, R/O 199, VAKIL COLONY, HIRAN MAGRI, SECTOR NO.11, UDAIPUR (RAJ.) Vs. MURTI SHRI JAWAN SWAROOPESHWAR MAHADEV MINOR THROUGH : DEVESTHAN COMMISSIONER, UDAIPUR (RAJ.)

JUDGEMENT

(1.) Heard counsel for the petitioner.

(2.) The brief facts of the case are that a suit was filed for declaration and possession against the State Government by non-petitioner No.1 in the year 1978 and the same was decreed on 19.09.1997 (Annexure-P/10). The appeal preferred by the State against the said judgment and decree was dismissed for non-prosecution. The restoration application preferred by the State was rejected by the High Court and the Honourable Supreme Court did not interfere with the said order.

(3.) An execution petition was filed by the non-petitioner, in pursuance of which part possession was taken by non-petitioner No.1. The petitioner herein has filed objections under Order 21, Rule 97 Code of Civil Procedure (Annexure-P/7). An application under Order 7, Rule 11 Code of Civil Procedure was also preferred by non-petitioner No.1, which was allowed and the objection petition filed by the present petitioner was dismissed. The appeal preferred by the petitioner against the order allowing the application under Order 7, Rule 11 Code of Civil Procedure was dismissed by the High Court, against which the petitioner preferred an SLP before the Honourable Supreme Court. The Honourable Supreme Court vide Annexure-P/4 passed the following order on 15.12.2015:-