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2004 Supreme(J&K) 119

R.C.GANDHI
Gulla Dar – Appellant
Versus
Ab. Rashid Dar – Respondent


Advocates Appeared:
Advocate For Appellant: W.M. Shah
Advocate For Respondent: Afsheen

This Review petition has been filed seeking Review of order dated 10.10.2002 passed in Civil Revision No. 126/2000, on the ground that the case of the petitioner has been considered and determined vide judgement under review, taking into consideration the provision of law which was not in existence as the same stood amended. The judgement relied upon by the Court and applied to the case was also based on the original provision of law whereas the case of the petitioner should have been determined by taking into consideration the amended provision of law.

2. Heard learned counsel for the parties and perused the record.

3. The dispute was decided by the Court with the following observations:-

"It is settled position of law that only that court which passes the decree and is seized of the execution proceedings can stay the execution proceedings. This view has been held by Apex Court in AIR 1973 SC, 528 1 relevant portion whereof is reproduced as under:- "Where a money decree passed by a small cause court is transferred to regular Civil Court for execution by sale of immovable property of J.D. also files a suit in the transferee court for setting aside the decree under execution, the trans





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