SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(All) 1392

PANKAJ MITHAL
JAMUNA PRASAD – Appellant
Versus
THAKUR JI MAHAMAYA DEVI VIRAJMAN TEMPLE – Respondent


Advocates:
Counsel :
Jainendra Kumar Mishra for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri J.K. Mishra, learned counsel for the petitioner.

2. The decree passed in S.C.C. suit has been put in execution against one of the judgement debtors Ramdei.

3. The petitioner is one of the sons of the aforesaid judgement debtor Ramdei.

4. During the pendency of the above execution proceedings as the judgement debtor Ramdei died, the decree holders applied for bringing on record her heirs and legal representatives including the petitioner. The said application has been allowed by the order dated 5.3.2016 and the revision of the petitioner preferred against the same has been dismissed on 27.5.2016.

5. The petitioner has come up in this petition against the above orders dated 5.3.2016 and 27.5.2016.

6. In challenging the above orders, the argument is that the substitution application in respect of the deceased judgement debtor Ramdei was moved long after her death without an application for seeking condonation of delay in filing it but even then the Court has permitted substitution.

7. It is not the case of the petitioner that he is not the son or the heir of the deceased judgement debtor and is not liable to be substituted in her place.

8. O









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top