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2013 Supreme(All) 2384

SANJAY MISRA
GAURAV ARYA – Appellant
Versus
CIVIL JUDGE (SENIOR DIVISION) – Respondent


Advocates:
Counsel :
Keshari Nath Tripathi, P.K. Singh and C.P. Gupta for the Petitioners; Sanjay Kumar Dubey and Rahul Sahai for the Respondents.

JUDGMENT

Hon’ble Sanjay Misra, J.—Heard Sri Keshari Nath Tripathi, learned senior counsel assisted by Sri C.P. Gupta, learned counsel for the petitioners and Sri Rahul Sahai alongwith Sri S.K. Dubey, learned counsel for the Respondent Nos. 2 and 3.

2. It is informed by learned counsel for the parties that the Respondent Nos. 4 to 8 were the judgment debtor and are as such not affected by any order passed in this writ petition hence with consent of learned counsels this writ petition is being decided today itself.

3. This writ petition is directed against the order dated 24.8.2013 passed in Execution Case No. 15 of 1998 arising out of the Original Suit No. 349 of 1983 whereby the Executing Court has issued dakhal parwana with police force as also the order dated 18.9.2013 whereby the application paper No. 6-C filed by the petitioners in proceedings under Order XXI Rule 97 CPC for grant of interim protection has been refused as also the order dated 24.9.2013 passed by the Executing Court in Misc. Case No. RM-100 of 2013 also arising out of the Execution Case No. 15 of 1998 whereby the application 21-C-2 made by the petitioners for permission to lead oral evidence in their support has

























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