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Smt. Rani Devi (Since Dead) & Another v. Sri 1008 Pujyapad Adavit Pancha Parmeshwar P.A.B.Udaseen - MATTERS UNDER ARTICLE 227 No. 557 of 2007  RD-AH 12872 (25 July 2007)
Civil Misc. Application No. 557 of 2007
Smt. Rani Devi (since deceased) and others .. ... .... Petitioners
Sri 1008 Pujyapad Advait Panch Parmeshwar
Panchayati Akhara Bara Udaseen Kydganj,
Allahabad ......... ......... ......... ..... Respondents
Hon'ble Janardan Sahai, J
Respondent Sri 1008 Pujyapad Advait Panch Parmeshwar Panchayati Akhara Bara Udaseen Kydganj, Allahabad obtained a decree for declaration and possession against the petitioner. The decree was put into execution. Objections under section 47 CPC were filed by the petitioners alleging that the property in dispute is not identifiable. The objections are still pending. It appears that the decree itself has been challenged by the petitioner in second appeal which is pending in this court. The executing court has also passed an order issuing dakhal parvana dated 11.5.2007. This order has been challenged in the present writ petition under Article 227 of the Constitution.
The only submission made by Sri A.K.Gupta counsel for the petitioners is that the while objections of the petitioners under Section 47 CPC are still pending the executing court could not have directed issuance of dakhal parwana. Sri Amit Saxena counsel for the respondent concedes that the order impugned is tainted with this illegality and it has been passed before the disposal of objections under Section 47 CPC.
In view of the statement made by the counsel for the respondent this petition is allowed. The order of the executing court dated 11.5.2007 and 29.5.2007 are set aside. It is directed that the objections under Section 47 CPC filed by the petitioners shall be disposed of expeditiously and if possible within a period of two months from the date a certified copy of this order is filed before the executing court by either of the parties. The delivery of possession shall not be directed before disposal of the objections under Section 47 CPC. Counsel for the parties agree that the respective parties will not take any unnecessary adjournment.
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