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2023 Supreme(All) 1846

J. J. MUNIR
Ishwar Sharan alias Ishwar Sharan Das (dead) – Appellant
Versus
Bharat Kumar – Respondent


Advocates Appeared:
For the Revisionist : Bhola Nath Yadav, Prem Singh.
For the Opposite Party : Rahul Sahai.

JUDGMENT :

This revision is directed against three distinct orders passed by the Additional District Judge, Court No. 9, Budaun in Execution Case No. 1 of 2012, arising out of the decree passed by the learned Additional District Judge, Court No. 8, Budaun in Original Suit No. 2 of 2001, Bharat Kumar and others v. Ishwar Sharan, a suit under Section 92 of the Code of Civil Procedure, 1908, [“Code” for short]. The first order impugned is one dated 24.01.2022, rejecting the application, Paper No. 54 x made in the execution by one Gaurav Das, claiming to bring on record a registered will dated 21.12.2016 in his favour, executed by the late Ishwar Sharan, the former sarvarakar of the temple subject matter of the decree passed in the suit under Section 92 of the Code. The second is an order dated 03.03.2022, by which, the scheme of administration submitted by the revisionist, claiming to be the legal representative of the deceased judgment-debtor, Ishwar Sharan Das has not been accepted, whereas that submitted by the decree holder, Paper No. 9 x has been accepted. The last is an order dated 05.03.1992, by which the execution proceedings have been ordered to be struck off in full satisfact

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