Vakil Ahmad (Died) Through Lrs vs Kedarnath (Died) Through Lrs
2021 Latest Caselaw 3082 Chatt

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                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                            Order Sheet
                                         FA No. 102 of 2021
                      Vakil Ahmad (Died) ThroughL.R's:- Rafiq Ahmad and others
                                               Versus
                    Kedarnath (Died) Through L. R's:- Bhagwati Prasad and Others.




10.11.2021         Mr. Ravindra Kumar Agrawal, Advocate for the Appellants.

                   Heard.

                   Learned counsel for the appellant would submit that the present appeal has
             been filed the Civil Suit bearing No. 26-A/1996 in case of Vakeel Ahmad Vs.
             Kedarnath and Anr. which was decided by the Additional District Judge, Janjgir-
             Champa, District- Bilaspur on 05.09.2021 wherein the suit was decreed in favour of
             the present appellant and the learned trial Court has directed for performance of the
             contract. The said judgment and decree was challenged before this Court by filing the
             First Appeal No. 251/2001. The said appeal was dismissed for want of prosecution on
             07.10.2013 thereafter, the present appeal has been filed for execution proceeding
             wherein other legal representative have raised objection which was considered and
             allowed by the learned Executing Court vide order dated 28.07.2021. This order has
             been challenged.

                   Learned counsel for the appellant would submit that the Executing Court can
             not be travelled beyond the terms of decree, therefore, the judgment and decree
             passed by the Additional Judge in Miscellaneous appeal No. 22/180 is illegal. This
             issue requires for consideration, therefore, the appeal is admitted for hearing.

                   The record of the Civil Suit No. 26-A/1996 be requisite from the Court of
             District Judge, Janjgir-Champa as well as the record of Present Miscellaneous
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    appeal No. 22/2018 also be requisite.

          Issue notice to the respondent on appeal as well as on interim application by

ordinary mode as well as by registered post.

List this case after four weeks.

Sd/-

(Narendra Kumar Vyas) Judge

Amita