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2004 Supreme(All) 842

ASHOK BHUSHAN
BAIKUNTH NATH DAS – Appellant
Versus
VII ADDITIONAL DISTRICT JUDGE, GORAKHPUR – Respondent


Advocates Appeared:
A.K.Mishra, H.R.Mishra, L.K.Tripathi, Swaraj Prakash

ASHOK BHUSHAN, J.

( 1 ) HEARD Shri Swaraj Prakash, learned counsel for the petitioner.

( 2 ) BY this writ petition, the petitioner has prayed for writ of certiorari quashing the order dated 9-4-1984 passed by learned munsif, Gorakhpur rejecting the application of the petitioner under Order XXI, Rule 32 code of Civil Procedure and order dated 25-3-1985 passed by VIIth Additional District judge dismissing the revision filed by the petitioner.

( 3 ) BRIEF facts of the case are, a suit No. 444 of 1931 was filed by two plaintiffs namely Hari Prasad and Devi Prasad against two defendants namely Baba Swarup Das and Harnam Singh for mandatory injunction seeking demolition of the disputed constructions and damages. The said suit was ultimately decided in terms of the compromise on 21-12-1931. Compromise provided that disputed constructions made by the defendants would not be demolished but the said defendants were restrained from making any further constructions towards east of the land EF shown in the map. An application for execution under Order XXI, Rule 32 was moved by the petitioner before munsif-I Gorakhpur. The applicant claimed himself to be legal representative of the plaintiffs. Ap
















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