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2017 Supreme(Pat) 1363

CHAKRADHARI SHARAN SINGH
Ram Babu Rai, Son of Late Jai Narain Rai – Appellant
Versus
Nachari Mishra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Yogendra Mishra, Sr. Adv., Mr. Arvind Kumar Jha, Adv.

JUDGMENT & ORDER :

Following are the releifs sought in the present application filed under Article 227 of the Constitution of India:-

“(i) An appropriate writ, order or direction declaring the order dated 20.04.2017 as illegal and void, be issued.

(ii) An appropriate writ, order or direction declaring the Execution Case No. 31/2015/CIS No.68/2015 as not maintainable, be issued.

(iii) Further, prays for issuance of any other appropriate writ/writs, order/orders, direction/directions and/or relief/reliefs which the petitioner is entitled to in the facts and circumstances of the case.”

2. The said impugned order, dated 20.04.2017, has been passed in Execution Case No. 31 of 2015 (CIS No. 68 of 2015) by the executing Court on an application filed by the petitioner, who was defendant in Title Suit No. 125 of 1998. In the said application, he had questioned the very maintainability of the execution case, on the ground that the decree of the appellate Court, sought to be executed, was a nullity and, therefore, inexecutable.

3. Before I take note of the submissions made by Mr. Yogendra Mishra, learned Senior Counsel, appearing on behalf of the petitioner, certain brief facts are to be taken note






























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