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2019 Supreme(All) 429

MANOJ KUMAR GUPTA
Tribhuwan Kumar Sharma – Appellant
Versus
Prescribed Authority/Jscc Meerut – Respondent


Advocates Appeared:
Komal Mehrotra, Adv.

JUDGMENT :

Manoj Kumar Gupta, J.

The petitioner has challenged the orders dated 1.3.2019, 18.1.2019 and 23.5.2012 passed by the Prescribed Authority in PA Execution Case No.32 of 2006 arising out of PA Case No.47 of 1995.

2. The main order which is under challenge amongst the above, is dated 23.5.2012, which disposes of an application 40-C filed by the petitioner. It was alleged that the decree holder had died during pendency of execution case, therefore the execution application should be dismissed as having become infructuous. The execution proceedings are for execution of the release order passed in Appeal No.654 of 1997 dated 16.5.1998. Under the said order, the need of the landlord was held to be genuine and bonafide. Aggrieved by the said order, the petitioner filed Writ Petition No.19148 of 1998 before this Court which was dismissed on 3.8.2006. The said order attained finality and was put to execution. During pendency of the execution proceedings, the landlord died. The heirs prosecuted the execution case upon which objection was raised by the petitioner that the landlord, for whose need the shop was released, having died, the execution proceedings should be dismissed as in-fr








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