CLR/114/2022
2022 Latest Caselaw 4061 UK

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      19.12.2022                        CLR No.114 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The present proposed Civil Revision has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 24.09.2022, passed by the learned Senior Civil Judge, Nainital in Civil Execution Case No.13 of 2013, "Krishna Kumar Singh and Others vs. Ram Das and Others" by which, the said Execution Case has been dismissed as not maintainable.

Heard Mr. B.D. Kandpal with Mr. Dinesh Chandra Gahatori, learned counsel for the revisionists.

Learned counsel for the revisionists has relied upon a judgment of the Hon'ble Supreme Court in "Shankar Balwant Lokhande (Dead) By LRS. vs. Chandrakant Shankar Lokhande and Another, (1995) 3 SCC 413".

Admit.

Issue notice to the respondents. Steps to be taken within a week. List this case on 18.03.2023. In the facts and circumstances of the case, both the parties are restrained to create any third party interest over the property-in-dispute till further order.

Stay Application (IA No.1 of 2022) stands disposed of accordingly.

(Alok Kumar Verma, J.) 19.12.2022

Neha