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2021 Supreme(All) 1271

J.J.MUNIR
Ram Nayan – Appellant
Versus
Civil Judge (Sr. Div. ) Ambedkar Nagar – Respondent


Advocates Appeared:
For the Petitioner: Shobh Nath Pandey.
For the Respondent: Badrish Kr. Tripathi.

JUDGMENT :

1. The petitioner has applied under Article 227 of the Constitution to set aside the proceedings of Execution Case No. 9 of 2017, Ram Ujagir v. Vinod, pending on the file of the learned Civil Judge (Senior Division), Ambedkarnagar. The decree, whereof execution is now sought, was passed in a partition suit that is dreadfully ancient. The suit is Original Suit No. 138 of 1925. The preliminary decree in the suit was passed on 07.12.1926. The petitioner, who appears to be a successor of one of the defendants to the suit and a judgment-debtor, is at issue with the respondents, who are the successors or assigns of the plaintiff or the decree holders. The issue is about the bar of limitation to the execution of the final decree. According to the petitioner, the final decree was passed on 18.01.1988, whereas, according to the respondents, it was passed on 04.01.1996. It appears that this wide variation in dates comes about on account of the time spent in depositing the requisite court fee payable on the shares of parties. This Court does not wish to express any opinion about the date on which executable final decree for partition came into existence.

2. The proceedings for execut

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