Kamlesh And 3 Others vs Kallu Deceased And 2 Others
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Allahabad High Court

Kamlesh And 3 Others vs Kallu Deceased And 2 Others on 14 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:178733
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12574 of 2024
 

 
Petitioner :- Kamlesh And 3 Others
 
Respondent :- Kallu Deceased And 2 Others
 
Counsel for Petitioner :- Indra Deo Mishra,Pankaj Kumar Tiwari,Shushil Kumar Mishra
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

Petitioners before this Court are the judgment-debtor.

It is contended that the suit filed by the decree holder in 1979 was decreed. The execution proceedings have been initiated by the decree holder. Objections under Section 47 CPC were filed by the judgment debtor which has already been rejected. Thereafter, an application 102-C has been moved for stalling the execution proceedings on the ground that the execution of the property in question is not identified as it is given in supurdagi and till date the property has not been given back to the judgment debtor and the construction is not identified so as to execution be carried out on plot no.241.

I have heard counsel for the petitioners and perused the material on record.

The Court below has recorded specific findings while dealing with the objections filed under Section 47 CPC that no such grounds have been made out. It is the first time that after the rejection Section 47 application, this application has been moved .

After looking at the records, I find that the decree is very old and is of the yer 1979, and till date the execution has not been carried out and the matter is being contested by the judgment debtor on various grounds stalling the execution of the decree.

No case for interference is made out.

Writ petition is misconceived and the same stands dismissed.

Order Date :- 14.11.2024

SK Goswami