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IN THE HIGH COURT OF MADHYA PRADESH
Alok Aradhe, J.
Anil Kumar
Vs.
Afzal Anees
Writ Petition No. 10345/2010
Decided On: 20.04.2011
Article 227 - Validity of Order - The court dismissed the writ petition challenging the rejection of the petitioner's application under Section 47 of the Code of Civil Procedure, citing the maintainability of civil revision against the order passed in execution proceeding.
Fact of the Case:
The petitioner challenged the validity of the order rejecting their application under Section 47 of the Code of Civil Procedure.
Finding of the Court:
The court dismissed the writ petition, allowing the petitioner to challenge the order in civil revision if advised.
Issues: Validity of the order rejecting the petitioner's application under Section 47 of the Code of Civil Procedure.
Ratio Decidendi: Civil revision is maintainable against the order passed in execution proceeding.
Final Decision: The writ petition is dismissed, but the petitioner is allowed to challenge the order in civil revision if advised.
Alok Aradhe, J.
1. In this petition under Article 227 of the Constitution of India the petitioner has called in question the validity of the order dated 7-2-2009 by which the application preferred by the petitioner under Section 47 of the Code of Civil Procedure has been rejected.
2. In view of the law laid down by this Court in Sawal Singh Vs. Ramsakhi (Smt.) 2002 (4) M.P.H.T. 200 : 2002 (2) MPLJ 201, civil revision is maintainable against the order passed in execution proceeding.
3. In view of the aforesaid, the writ petition is dismissed. However, the petitioner would be at liberty to challenge the validity of the impugned order in civil revision, if so advised. The office is directed to supply the certified copy of the impugned order filed along with this petition to the learned Counsel for the petitioner on substitution thereof by photocopy.
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