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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
ALOK MATHUR
Rohit Agarwal – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. – Respondent
| Table of Content |
|---|
| 1. factual background of the property claim (Para 2 , 3 , 4) |
| 2. legal standing to petition for implementation (Para 7 , 8 , 9) |
| 3. court's observations on jurisdiction and procedural correctness (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. final decision on maintainability of execution application (Para 17) |
| 5. conclusion and order of the petition (Para 18) |
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Ajay Pratap Singh ands Sri M.E. Khan, learned counsel for petitioner as well as learned Standing Counsel on behalf of respondent Nos. 1 to 5 and Sri Mohan Singh, learned counsel for respondent Nos. 6 & 7.
2. It has been submitted by learned counsel for petitioner that a suit U/S 229B of U.P. Z.A. & L.R. Act was filed by Subhash Chandra Agarwal, the late father of the petitioner with regard to Gata No. 2630 area 10-4-0 situated at Village Badel, Paragana and Tehsil - Nawabganj, District Barabanki on 03.08.1977 and the said suit was allowed in favour of father of the petitioner by means of judgment and order dated 29.1.1979 by the Pargana Adhikari, Nawabganj, now the Sub-Divisional Officer, Nawabganj, Barabanki, it was directed that the name of Subash Chandra be recorded with regard to G
Legal heirs can execute decrees on behalf of deceased predecessors under Section 146 CPC, despite not being original parties in prior proceedings.
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
Transferee of property cannot execute a decree without specific assignment; execution applications barred by time must be dismissed.
The main legal point established in the judgment is that the objections raised by the JDrs. regarding the executability of the decree, including issues of limitation, maintainability, and subsequent ....
One joint decree-holder may apply for execution for the benefit of all unless expressly stated otherwise; courts can assess intent beyond strict decree wording.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
A stranger to the proceeding has no right to file a recall application against a judgment and decree passed on the basis of a compromise.
The decree remains valid despite the death of a party if not communicated, and execution petitions for restitution are maintainable under Section 144 of CPC.
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