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2018 Supreme(J&K) 971

JANAK RAJ KOTWAL
Ab. Aziz Mir – Appellant
Versus
Mushtaq Ahmad Khan – Respondent


Advocates Appeared:
For the Appellant : J.H. Reshi, Adv.
For the Respondents: M.A. Qayoom, Adv. and M.A. Wani, AAG

JUDGMENT :

Janak Raj Kotwal, J.

1. In this revision petition petitioner assails order dated 22.07.2013 passed by the learned 1st Additional District Judge, Srinagar (hereinafter to be referred as the trial/executing court), whereby, in the proceedings for execution of a decree dated 24.04.1997 commenced by the decree holder, Zenab Begum, herein respondent No. 6 (now dead), petitioner's application under section 47 of the Code of Civil Procedure (for short the Code) has been dismissed.

2. A few background facts relevant for and leading to filing of this petition are these. Far back in the year, 1997, the decree holder filed a suit for pre-emption in the trial/executing court against her son, Mushtaq Ahmad Khan (vendor), as defendant No. 1, herein respondent No. 1 and Ghulam Nabi Shah (vendee), as defendant No. 2, herein respondent No. 2 (now dead), for enforcing her right of prior purchase in respect of a piece of land including a shed thereon, which the respondent No. 1 had sold to respondent No. 2 by virtue of a sale deed registered on 30.01.1991. During pendency of that suit, respondent No. 2 further sold the suit property to respondents 3, 4 and 5 and the decree holder (plaintiff)

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