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Madan Prasad & Others v. Smt. Pyari Devi & Others - WRIT - C No. 39637 of 2007 [2007] RD-AH 14457 (24 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Janardan Sahai,J

The petitioner is a judgment debtor in a suit for possession. The facts stated by the petitioner's counsel are that the original decree holder Muneshwar Chaubey died and was substituted by 5 sons- one of them it is stated is Viridhanand. In execution of the decree the amin delivered possession to one Vidya Nand. The petitioner filed objection in this regard, which has been dismissed. Against that the order a revision was filed which too has been dismissed. Both the orders have been challenged in the present petition. Counsel for the petitioner submitted that Vidyanand the person to whom the possession was delivered was not a representative of the decree holder.  The finding is that  the vakalatnama was filed by Vidyanand and in the substitution application the name of Vidyanand as one of the proposed heirs was mentioned. It has also been found that there is nothing to show that Vidyanand and Vriddhanand are two persons. These are findings of fact.  Moreover none of the decree holders has come forward to complain that the possession was not delivered. The execution case has been dismissed in full satisfaction. Therefore It does not lie in the mouth of the petitioner to raise this objection.  No ground for interference has been made out. Dismissed.


wp 39637/07



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