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2022 Supreme(All) 116

Salik Ram Singh @ Salik Ram – Appellant
Versus
Addl. District Judge Court No. 3 Gonda – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.Z. Siddiqui
For the Respondent: Ankit Pande

JUDGMENT :

1. Heard learned counsel for the parties.

2. The instant petition has been preferred for the following main reliefs:-

    "I. Issue order or direction setting aside the impugned Order dated 29.10.2021 passed by Executing Court in Execution Case No.1/2017 pending before the Opposite Party No.1, contained in Annexure No.1 to this petition;

II. Issue order or direction setting aside the impugned Order dated 11.11.2021 passed by Opposite Party No.1 in Execution Case No.1/2017 and every subsequent proceedings thereof contained in Annexure No.2 to this petition."

3. In brief, the petitioner, who was not a party to the SCC Suit No. 5 of 2014, claiming himself to be an owner in possession of the property in issue in the suit, is resisting the judgment and decree dated 29.03.2017, which has become final.

4. Facts relevant for the present case, as stated, are to the effect that Vishwanath Kumar Mehrotra s/o Braj Mohan Lal, was the sole owner of the property in question i.e. Gata No. 1789M situated at Mohalla Chhedipurwa, Station Road, Gonda. The said Vishwanath Kumar Mehrotra, who was handicapped and since he was not being looked after by his wife and children, bequeathed his entire pr

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