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Dilip Kumar vs. Vaidha Dayalu Das Chela Khata Ram

32.00 3.20

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Code of Civil Procedure, 1908–Order 21, Rule 29–Application for stay of execution during the pendency of suit for cancellation of decree–Dismissed–Application of–Provisions of Rule are not mandatory–Petitioner neither took any step to set aside the ex-parte decree nor challenged the decree before appropriate forum–Suit for cancellation of decree was filed when the Executing Court permitted the possession of the suit property by breaking open the locks–Further, the application for granting temporary injunction in the suit for cancellation of decree has been dismissed–Held, execution Court rightly dismissed the application.