Kedar Ram v. Additional District Judge II Ballia and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(Online)(All) 7

ALLAHABAD HIGH COURT
, J
Kedar Ram v. Additional District Judge II Ballia and Others

Advocates:
For the Appellants/Petitioners: Sri V. K. S. Chaudhary
For the Respondents: Sri L. P. Singh

Table of Content
1. overview of original suit and appeals. (Para 2 , 3)
2. claims and counterclaims regarding execution rights. (Para 4 , 5)
3. explanation of rights under cpc for execution. (Para 8 , 10)
4. limitations on execution applications and their implications. (Para 11 , 12)
5. court grants petition; lower court judgments set aside. (Para 14 , 15)

1. Heard Sri V. K. S. Chaudhary, learned Senior Advocate appearing for the petitioner and Sri L. P. Singh, the learned counsel appearing for the respondent Nos. 3 to 6.

2. By this writ petition the petitioner has prayed for quashing the order dated 18-12-1990 passed by the II Additional District Judge, Ballia in Miscellaneous Appeal No. 252 of 1988 and the order dated 24-12-1985 passed by the Munsif, Ballia on Miscellaneous Application filed in Execution case o. 58 of 1967.

3. Facts in brief which emerge from the pleadings of the parties are;--
Original suit No. 481 of 1953 was filed by Baldeo against Puranwasi Ram for possession of Khandahar situated in Mohalla Gorayasthan Rasra Town, Pargana Lakhne - shwar, District Ballia. The suit was decreed by the learned Munsif vide its judgment dated 11-12-1954. Baldeo died leaving behind his two