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1995 Supreme(All) 35

B.K.ROY
RAJ KUMAR – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, DISTRICT AZAMGARH – Respondent


Advocates Appeared:
FAUJDAR RAI, U.K.MISHRA

BINOD KUMAR ROY, J.

( 1 ) THE petitioners pray to quash different orders passed by the Consolidation authorities. The Facts:-

( 2 ) THE relevant facts for the purpose of disposal of this writ petition are in narrow compass:- There appears to be a dispute between the petitioners and Respondents 4 and 5 concerning right, title, interest and possession over plot Nos. 1281 / 1 and 1287 / 2 of village Dhadha Chanwar in the District of Azamgarh (which both sides state that now it is part of the District Mau ). The petitioners filed a suit for ejectment of Respondent Nos. 4 and 5 from the lands in question which was decreed by the trial Court, but the decree for ejectment could not be executed by the petitioners because of an order of stay passed under Order 41, Rule 5 of the Code of Civil Procedure by the Appellate Court. The Revisional Authority rejected the claim of the petitioners on the grounds, inter alia that since the petitioners could not execute the decree their claim is not tenable. The Submissions:-


( 3 ) MR. Mishra, the learned counsel appearing on behalf of the petitioners, contended as follows:- (i) Since further proceedings in the execution case filed for effecting delivery o













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