High Court of Judicature at Allahabad
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Chandra Prakash Mishra And Another v. Additional District Judge-Ist, Allahabad And Another - WRIT - C No. 7156 of 2006  RD-AH 3503 (15 February 2006)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
The petitioners' claim that the interest in the property devolved upon them by virtue of a sale deed dated 4.6.2003 while the death took place on 21.12.2004. Petitioners have applied under Order 22 Rule 10 CPC in the Execution Case No. 3 of 1992. The application under Order 22 Rule 10 CPC is still pending. In addition, there is a Miscellaneous Case No. 14 of 2001 seeking restoration of the execution case, which had been dismissed for default.
Because the execution case of 1992 is already quite old, therefore, it appears to be desirable that the executing court should examine both the applications, i.e., under Order 22 Rule 10 CPC and under Order 9 Rule 9 CPC in accordance with law and to dispose of both these applications as expeditiously as possible, unless there is some legal impediment, giving the case as much priority as execution cases and old cases deserve to be given under various circular orders of this Court.
Writ petition is disposed of with the aforesaid directions.
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