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1996 Supreme(All) 953

M.KATJU
Sudha Rani – Appellant
Versus
IIIrd Addl. Civil Judge, Bareilly – Respondent


Advocates appeared:
S.N.Verma, Rakesh Bahadur, Manoj Singh

Judgment :

M.Katju

1. THIS writ petition has been filed against the impugned orders dated 8.8.1994 and 16.12.1996 Annexures-1 and 2 to the writ petition.

2. I have heard learned counsel for the parties.

It appears that one Raghunath Prasad filed a Suit No. 23 of 1972 against Shamser Bahadur Sinha for Specific performance of agreement to sell in respect of a house. The trial court dismissed the suit but the first appeal was allowed against that judgment on 7.4.1975. In the second appeal, this Court on 5.7.1982 reversed the judgment of the first appellate court and affirmed the judgment of the trial court. Raghunath is said to have died on 1.9.1979. The petitioners claimed to be his legal representatives. This Court vide order dated 20.11.1980 had directed the substitution of the petitioners in place of Raghunath Prasad. Respondent No. 3 had also been impleaded since she claimed to be an assignee from Raghunath Prasad. Against the judgment of the Court, respondent No. 3 went in appeal to the Supreme Court. The Supreme Court vide its judgment dated 10.2.1989 allowed the said appeal. True copy of the said Judgment is annexed herewith and marked as Annexure-5 to the writ petition.

3. A p




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