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1999 Supreme(All) 1454

D.K.SETH
SUSHIL KUMAR – Appellant
Versus
ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAPUR – Respondent


Advocates Appeared:
N.K.SHARMA, RAKESH PANDEY

D. K. SETH, J.

( 1 ) ORIGINAL Suit No. 179 of 1989 was decreed by the learned trial court. An appeal thereout, being number 198 of 1993, was also dismissed. A review application filed before the appeal court, being number 46 of 1994. is still pending. In the meantime, the decree was put to execution in Execution Case No. 4 of 1996. During the pendency of the review application, the judgment debtor having died, the petitioner was brought on record, as his legal representative. The petitioner thereupon filed an objection under Section 47 of the Code of Civil Procedure, in the execution proceedings, which has since been dismissed by an order dated 7th December, 1998 passed by the learned Civil Judge (Junior Division), Garhmukteshwar. district Ghaziabad. Against the said order, a Civil Revision No. 13 of 1999 was preferred. By an order dated 18th august. 1999 passed by the learned Additional District Judge, Hapur. the said revision was dismissed. It is against these orders the present application under Article 227 of the Constitution of india has been filed.

( 2 ) MR. Rakesh Pandey, learned counsel for the petitioner in support of the petitioner contends that the petitioner has acquire
























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