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2025 Supreme(Online)(ALL) 519

HIGH COURT OF ALLAHABAD
Hon'ble Ajit Kumar,J.
Smt. Santosh Jain And 2 Others – Appellant
Versus
Kewal Kishore And Another – Respondent


Advocates:
Petitioner: Harsh Vardhan Gupta and Ashish Agrawal
Respondent: Pankaj Agarwal

Hon'ble Ajit Kumar,J.

1. Heard Sri Ashish Agrawal and Sri Harsh Vardhan Gupta, learned counsel for the petitioners and Sri Pankaj Agarwal, learned counsel for the respondents.

2. By means of this petition filed under Article 227 of the Constitution, petitioner has questioned the order passed by the executing court dated 11.12.2024, whereby, his objection under Section 47 CPC has come to be rejected and so also the order passed by the appellate court sitting in revision dated 15.01.2025, whereby the order passed by the executing court has come to be affirmed.

3. The main plank of the arguments advanced by learned counsel for the petitioner is that the decree holder himself did not sign the application seeking execution of the decree as is required under Rule 10 of Order 21 C.P.C. nor there is any satisfaction recorded regarding compliance of Rule 11(2) of Order 21 C.P.C. It is contended on behalf of the petitioner that although this point has come to be referred to by the executing court but it has not adverted to the issue of maintainability of execution application at the instance of a third party, may be he was claiming to be representative / specific Power of Attorney holder of the

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