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2003 Supreme(UK) 147

RAJESH TANDON
STATE OF UTTARANCHAL – Appellant
Versus
AMANULLAH KHAN – Respondent


Advocates Appeared:
Alok Singh, B.S.Verma

RAJESH TANDON, J.

( 1 ) THE present revision has been filed against the order dated 29-11-2001 passed by the Additional District Judge, Roorkee. The facts giving rise to the present revision are that execution proceedings in pursuance of Acquisition Case No. 202 of 1989 were initiated by the decree-holder for the recovery of a sum of 19, 00, 665. 10 along with 15% interest.

( 2 ) THE execution was registered on 1-12-1998. The objections were filed stating therein that no decreetal amount is due and instead of that he is entitled to get a sum of Rs. 6, 27, 853. 09 from the decree-holder and as such the execution application is liable to be dismissed.

( 3 ) THE learned Additional District Judge after considering the arguments has come to the conclusion that a sum of Rs. 11, 08, 631. 06 is due towards execution of the decree. The learned Additional District Judge has also passed the order directing the judgment-debtor for deduction of tax at source.

( 4 ) I have heard the learned counsel for the revisionist Sri B. S. Verma and learned counsel for the respondent Sri Alok Singh at great length.

( 5 ) THE present revision has been filed challenging the order on the ground that the order i












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