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1991 Supreme(All) 832

R.B.MEHROTRA
Yasin Ali – Appellant
Versus
ISt Additional District Judge, Shahjahanpur – Respondent


Advocates:
Advocate appeared:
M.A. Qadeer

JUDGMENT

R.B. Mehrotra

1. Respondents no 3 to 5 got a decree of possession of the property in dispute with costs. This decree was dated 7-11-1981. The decree-holder respondents moved an execution application before the executing court. In the execution application the prayer for possession was not clear and the cost was deposited by the judgment debtors. Consequent thereto, vide an order, dated 14-4-1987, the executing court passed an order saying "the prayer of possession is not clear, Rejected."

2. On 17-4-1987, the execution court passed another order saying "the application is allowed. The amount to the extent of cost can be withdrawn by the decree-holder which has been mentioned in the execution application consigned to the record room, The warrant of attachment is withdrawn."

On 22-4-1987, the decree-holder moved another application 19-C for execution of possession but got it dismissed as not pressed. On 24-4-1987 the decree-holder moved another application saying that the record of the execution case may not be consigned to record room. The said application was allowed and it was directed that the record of the execution case may not be consigned to record room. Subsequent th









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