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2022 Supreme(All) 892

SANGEETA CHANDRA
Subhash Chandra Chaturvedi – Appellant
Versus
IVth Addl. Session Judge/Spl. Judge/E. C. Act Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Kumar Srivastava, Mohammad Aslam Khan, Rajeev Singh
For the Respondent: Gaurav Tripathi, Manoj Kumar, Sridhar Awasthi

JUDGMENT :

1. This petition under Article 227 has been filed challenging the order dated 22 May 2006 which is an ex-parte decree in Regular Suit No.294 of 2013: Smt. Shashi Mishra and others versus Subhash Chandra Chaturvedi, and also the Order passed on application under Order IX Rule 13 dated 27.05.2009 rejecting the same, and the order passed in Appeal thereafter dated 27.11.2019; with a further prayer directing the Trial Court not to proceed in Execution Case No. 15/2007.

2. It is the case of the petitioner in his petition that his father was residing in Khasra No. 2188/2/3 Village Kanausi by raising a hut over it. Later on the petitioner built a two room house in 1986 and when the land came under Nagar Nigam it was allotted House No. 561/234 New Sindhu Nagar, P.S. Krishnanagar, Lucknow and he has been paying house tax to the Nagar Nigam since August 1986. One Rajendra Malviya filed Regular Suit No.49/1994 against Om Prakash Mishra the predecessor in interest of the private respondents, for possession and demolition, alleging therein that land of Khasra No. 2188/2/3 Village Kanausi belonged to him, and that Om Prakash Mishra had forcibly built his house over it. During the penden

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