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Vishnu Trivedi v. Kripa Shanker & Another - WRIT - C No. 65857 of 2005 [2005] RD-AH 4238 (7 October 2005)


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'ble Anjani Kumar, J.

Heard learned counsel for the petitioner-defendant.

By means of present writ petition under Article 226 of the Constitution of India, the petitioner-judgment debtor has challenged the order dated 21st April, 2005, passed by the trial Court and the order dated 20th July, 2005, passed by the revisional Court.

The petitioner-judgment debtor raised an objection after loosing the suit up to this Court, which was filed in the year 1965 that during the execution proceeding the property in question is not identifiable and in spite of the objection of the petitioner, the the executing Court decided the objection against the petitioner.  Aggrieved by the order passed by the trial Court, the petitioner preferred a revision before the revisional Court.  The revisional Court affirmed the findings of the trial Court and dismissed the revision filed by the petitioner, thus this writ petition.

Learned counsel for the petitioner miserably failed to demonstrate that the orders impugned in the present writ petition suffer from the error of law, much less manifest error of law, which may warrant any interference by this Court in exercise of power under Article 226 of the Constitution of India.

In this view of the matter, I do not find any force in this petition.  It is, accordingly, dismissed.  However, the parties shall bear their own costs.

Dated: 07.10.2005.



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