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2019 Supreme(All) 2764

RAJAN ROY
Kanhaiya Lal – Appellant
Versus
District Judge, Hardoi – Respondent


Advocates Appeared:
For the Appellant : Virendra Singh

JUDGMENT :

Rajan Roy, J.

1. Heard.

2. This petition has been filed under Article 226 of the Constitution of India challenging the judgment dated 20 May 2019 passed by the Executing Court in Execution Case No. 5 of 2017, Bhikhari Lal v. Kanhaiya Lal, and the judgment dated 13.8.2019 passed in Civil Revision No. 15 of 2019, by which revision of the petitioner has been dismissed.

3. Although a writ petition under Article 226 of the Constitution of India against the judgment orders passed by the Civil Court is not maintainable in view of the judgment of the Supreme Court in the case of Radhey Shyam and another v. Chhabi Nath and others 2015 (110) ALR 4 (SC), the petition, even if it is treated as one under Article 227 of the writ petition of India, lacks merits and, therefore, is liable to be dismissed for the reasons to be mentioned hereinafter.

4. Facts of the case are that the suit proceedings were initiated bearing No. 269 of 1988 by the erstwhile owner of the property in dispute for eviction of the petitioner-defendant and seeking possession thereof. The said suit was decreed in 1998. Thereafter the said plaintiff-owner sold off the property to two persons, one of whom Vijai Kant has b

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