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1997 Supreme(All) 1199

J.C.MISHRA, M.KATJU
MANOJ KUMAR – Appellant
Versus
CIVIL JUDGE – Respondent


Advocates Appeared:
H.P.Mishra

M. KATJU, AND J. C. MISHRA, JJ.

( 1 ) THE facts of this case discloses a shocking state of affairs relating to the judiciary. It appears that suit No. 903 of 1970 was filed before the Munsif, Deoria in 1970 which was decreed on 29-2-1980. Against that judgment an appeal was filed which was dismissed on 10-3-1983 and it is alleged that no further appeal was filed against the order of the learned District Judge dated 10-3-1983. Thereafter an execution application being Execution Case Mo. 70 of 1990 was filed on 30-5-1990 for getting the decree executed but as alleged in Para 9 of the petition the execution case is being adjourned again, and is not being disposed of. The next date is fixed for 18-10-1997. It is also alleged in Para 14 of the petition that respondent No. 1 the Civil Judge (Junior Division) Deoria is not deciding the execution proceeding, hence the petitioner has been compelled to file this writ petition.

( 2 ) THE facts of this case reveal a disgraceful state of affairs. Suit No. 903 of 1970 was decreed in 1980 but the decree has not yet been executed by the court concerned although 27 years have elapsed since the filing of the suit. It seems that some judicial officer






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