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2015 Supreme(All) 272

ANIL KUMAR
ANAND SINGH – Appellant
Versus
UMESH SINGH – Respondent


Advocates:
Counsel :
Subhash Vidyarthi for the Revisionists; Adnan Ahmad, Mahendra Pratap Singh, Ravindra Pratap Singh and Subodh Kumar Dixit for the Opposite Parties.

JUDGMENT

Hon’ble Anil Kumar, J.—Matter is taken in the revised cause list.

2. None appeared from the side of the respondents.

Heard Sri Subhash Vidyarthi, learned counsel for revisionist, and perused the record.

3. Facts in brief as submitted by learned counsel for revisionist are that Smt. Divya Shahi and Dr. Tej Pratap Shahi have filed a suit for partition in respect to House No. C-215, situated at Mohalla Civil Lines, Baraabani registered as Regular Suit No. 645 of 2006 in the Court of Civil Judge (Jr. Div.) Barabanki.

4. Later on in the said matter an application under Order 23 Rule 3 CPC has been moved for compromise between the parties, which has been signed by all the parties, duly verified, as such as such the Court has accepted the same by an order dated 21.4.2009.

5. In view of the said facts, an execution proceeding has been filed registered as Execution proceeding No. 7 of 2009, Divya Shahi v. Kunwar Suresh Singh, in the Court below/Civil Judge (Sr. Div.) Barabanki in which Kunwar Umesh Singh and Kunwar Ravindra Pratap Singh who are the defendants in the suit and signed the compromise, filed an objection under Section 47 CPC, allowed by order dated 6.4.2010, which is und





























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