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1993 Supreme(All) 42

D.S.SINHA
ABDUL AZIZ – Appellant
Versus
RAMPUR – Respondent


Advocates Appeared:
P.K.Singhal, R.S.Verma

D. S. SINHA, J.

( 1 ) HEARD Sri R. S. Verma, appearing for the petitioner and Sri P. K. Singhal, learned counsel representing Harish Chandra, the contesting respondent No. 3.

( 2 ) THE order dated 18/01/1985 passed by the Munsif, Court No. 1, Rampur in Execution No. 31 of 1978 rejecting the objection of the petitioners filed under Section 47 of the Civil P. C. 1908, hereinafter called the Code, and the order and judgment dated 27/04/1985 passed by the District Judge, Rampur in Civil Revision No. 28 of 1985 under Section 115 of the Code, affirming the aforesaid order of the Munsif, are under challenge in this petition under Art. 226 of the Constitution of India.

( 3 ) THE contesting respondent No. 3 obtained a decree for specific performance against Abdul Habib alias Abdul Ahmad, the pro forma respondent No. 4, on 16/08/1973. Before the decree could be executed the pro forma respondent No. 4 transferred the property, which was the subject matter of the decree, in favour of Mohd. Sharif and Abdul Aziz on 7/02/1974. The decree-holder Harish Chandra, the contesting respondent No. 3, initiated proceedings for execution of the decree dated 6/08/1973. The petitioners before this court, who





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