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2014 Supreme(All) 709

D. Y. CHANDRACHUD, DILIP GUPTA
HAZRAT ALI – Appellant
Versus
STATE OF U. P. – Respondent


Counsel :

Bijendra Kumar Mishra and Shravan Kumar Dubey for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

By the Court.—The relief which the petitioners seek is for setting aside the sale-deed dated 29 August 2012 by which Gata No. 884 ad measuring 0.9140 hectares of village Pakarihava, Tappa-Dhebarua, pargana Naugarh, tehsil Shohratgarh, district Siddharth Nagar has been sold in execution of a decree. The petitioners seek to question the legality of an order passed by the District Collector, Siddharth Nagar declining to entertain the representation submitted by the petitioners on the ground that the sale having taken place in execution of a decree of a competent Civil Court, the grievance of the petitioners cannot be entertained.

2. Suit No. 152 of 1999 was filed against one Chinka son of Surya by his wife, son and daughter before the Civil Judge (Senior Division), Siddharth Nagar for maintenance. A decree was passed in the suit on 17 November 2000. In execution proceedings, the movable property in question was put to auction on 30 May 2009 at which the fourth respondent was declared to be a purchaser. The sale was confirmed by the Executing Court on 26 August 2009 and in pur









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