JANAK RAJ KOTWAL
Ab. Aziz Mir – Appellant
Versus
Mushtaq Ahmad Khan – Respondent
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)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.