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Bhanwari Bai Rathi (Smt.) & Ors. vs. Rahul Lodha & Ors.

32.00 3.20

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Code of Civil Procedure, 1908–Order 21, Rule 97–Application under–
Maintainability–Execution of decree of eviction–Respondent No. 1 was not in possession of suit shop pending the suit proceedings and the execution proceedings– Provision can be invoked when the whole of decree for the possession of the movable property is resisted or obstructed by the person obtaining the possession–Application was not maintainable and it was wrongly allowed.