High Court of Judicature at Allahabad
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Dwarika Nath & Others v. State Of U.P. & Others - WRIT - C No. - 36203 of 2007  RD-AH 15000 (5 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon.Tarun Agarwala, J.
Heard learned counsel for the applicant.
The execution application was rejected and the misc. application of the petitioner was allowed by the executing court by an order dated 20.5.1995. On 4.1.2003 the petitioner moved an application contending that the execution proceeding is unnecessarily going on when in fact it had been rejected and therefore, prayed that the matter should be consigned to the record. This application was rejected by the executing court on the ground that a restoration application is still pending and therefore, the execution proceedings could not be consigned to the record. The petitioner thereafter filed a review application, which was also rejected. Consequently, the writ petition.
In my view since the restoration application of the opposite party is pending before the executing court, the executing court was justified in rejecting the application of the petitioner. No error exists in the impugned order. The writ petition is dismissed.
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