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2017 Supreme(Raj) 2006

DINESH MEHTA
Shanti Devi – Appellant
Versus
Chimanaram Mantri Trust – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.S. Sandhu
For the Respondent: Mr. Manish Shishodia, Mr. Anirudh Khatri

JUDGMENT :

Dinesh Mehta, J.

The petitioners have solicited this Court's intervention in its supervisory jurisdiction under Article 227 of the Constitution of India, being aggrieved of the order dated 01.08.2016 passed by learned Senior Civil Judge, Churu - the Executing Court, whereby their application dated 07.04.2016 for framing the issues and leading evidence in execution case has been rejected.

2. The core question, on which the rival counsel addressed this Court is; "as to whether framing of issues and recording of evidence is quintessential to the adjudication of an objection petition, in the course of execution proceedings ?"

3. Though the facts are copious and history is checkered; but for the purpose of deciding the issue involved in the instant writ petition, only a handful of them are relevant; which have been set out here under :-

3.1 Petitioners and the Respondents (Trustees) descend from a common ancestor Ganeshdas, who owned and possessed certain properties under various 'pattas' issued in the names of his ancestors. The petitioners have claimed their rights, interest and title in the ancestral property, which in its entirety has been placed under a Trust.

3.2 The dispute













































































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