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2002 Supreme(SC) 162

MOHAMMAD SHAFEEQ – Appellant
Versus
MIRZA MOHAMMAD HUSAINS – Respondent


ORDER

1.Leave granted in both the special leave petitions.

2. The appellant preferred the objections under Order 21 Rule 97 CPC offering resistance to execution of decree, wherein he was not a party. Vide order dated 30-5-2000, his application was rejected by the executing court. He preferred an appeal which was registered as Regular Civil Appeal No. 122 of 2000 in the Court of District Judge, Lucknow. On 10-8-2000, the appeal was allowed. The order of the executing court was set aside and the case was remanded back to the executing court with a direction to decide the objections of the appellant afresh in accordance with law. This order was put

in issue by the decree-holder by filing a civil writ petition before the High Court, which was allowed. The High Court quashed the order of the District 461 Judge dated 10-8-2000, forming an opinion that the appellant should have preferred a revision and not an appeal and therefore, the order of the District a Judge, passed in exercise of appellate jurisdiction, was void and a nullity. Submitting to the order of the High Court the appellant now preferred a civil revision against the order of the executing court dated 30-5-2000, seeking cond




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