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2011 Supreme(Raj) 981

BELA M.TRIVEDI
Altaf Hussain (Deceased) Through LRs – Appellant
Versus
Deewan Syed Ale Rasool Ali Khan through Legal Representative – Respondent


Advocates Appeared
M.M. Ranjan, Sr. Counsel with Rajat Ranjan, for Petitioners;
Anil Mehta with Gulam Najmi, for Respondents

Hon'ble TRIVEDI, J.—Though this case has a chequered history, the issue involved in the present petition is very small. The petitioners, who are the original judgment-debtors, have filed the present petition under Article 227 of the Constitution of India challenging the order dated 22.12.2010 passed by the learned District Judge, Ajmer (hereinafter referred to as the Executing Court) in Civil Execution Petition No. 8/2010 (11/1991).

2. The facts in nut shell giving rise to the present petition are that a final decree dated 29.1.1940 (original decree dated 3.5.33) passed by the Court of Additional District Judge, Ajmer Merwara in the suit being no. 9/29 filed by Shri Dewan Syed Ale Rasool Ali Khan Sajjadanashin Hazrat Khwaja Moinuddin Hassan Chishti, was sought to be executed by filing an Execution Petition, by the present respondent no.1 Shaikhul Mashaikh Dewan Syed Zainul Abedin Ali Khan S/o Shaikhul Mashaikh Dewan Syed Ilmuddin Ali Khan claiming to be Sajjadanashin, Khwaja Moinuddin Chisti Saheb. In the said execution petition, the office of the executing court had raised certain objections and the matter was put up before the Executing Court. The Executing Court vide its order da

































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