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2013 Supreme(Online)(All) 135

ALLAHABAD HIGH COURT
S. D. Sharma, J
Lalji Agarwal (deceased by L.Rs.) and Another v. State of U.P. and Others


Advocates:
For the Appellants/Petitioners: Sri C. K. Parekh
For the Respondents: Sri Rakesh Kumar

1. Pleadings have been exchanged between the parties. Heard Sri C. K. Parekh, learned counsel for the petitioners and Sri Rakesh Kumar, learned Standing Counsel for the State respondents.

2. Sri C. K. Parekh, learned counsel for the petitioners states that the Civil Judge, Varanasi had appointed a Court Receiver in Execution Case No. 39 of 1956 (Rai Batuk Prasad Gupta Vs. Govind Prasad). According to him, earlier the properties of the judgement debtor were attached in the execution proceedings, whereafter the proceedings continued before the Court and the property remained in the custody of the Receiver. In Execution Case No. 39 of 1956 there were 32 decree holders. The Executing Court had by the order dated 30.08.1980 approved the sale and had recorded that the decree could be satisfied when the amounts to which the decree holders were entitled were paid to them by the purchasers (petitioners) and by the orders dated 26.04.1983 and 28.04.1983, the property was directed to be transferred in favour of the purchasers (petitioners). The aforesaid circumstances regarding execution of the sale deed by the Receiver in favour of the petitioner and payment of the debts to the decree holders








































































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