NARENDRA KUMAR JOHRI Vs. KANTI LAL AND ORS.

JUDGEMENT

(1.) S .B. Civil Revision Petition No. 67/2007 and S.B.Civil Second Appeal No. 103/2007, both were heard together because of involvement of common questions of facts and laws, in view of the request of learned Counsel for both the parties.

(2.) S .B. Civil Revision Petition No. 67/2007 has been preferred by the petitioner against the order dt. 27.02.2007 passed by the learned Civil Judge (Sr.Div.), Jodhpur in Execution Case No. 60/2003 (67/2006) - Kanti Lal v. L.Rs. of Chand Kumari, whereby the petitioner 's objection against the execution of the decree, passed in favour of respondent and against petitioner 's mother for eviction in suit No. 52/72, has been dismissed and warrant of possession was issued.

(3.) THE petitioner Narendra Kumar 's objections under Order 21R.97, C.P.C. were registered as S.B. Civil Misc. Case No. 27B/05 (1/05) and after hearing the parties, the petitioner 's application under Order 21R.97, C.P.C. was dismissed by the trial Court vide order dt. 29.01.2007. The petitioner 's Execution First Appeal No. 12/07 challenging the executing Court 's order dt. 29.01.2007 was dismissed by the Court of Addl. District Judge No. 1, Jodhpur vide order/judgment dt. 16.03.2007. To challenge above two orders, the petitioner has preferred S.B.Civil Second Appeal No. 103/07 by deeming the orders of the Court below as decree.