RAVALI SINGH Vs. U P AVAS EVAM VIKAS PARISHAD
LAWS(SC)-2001-4-180
SUPREME COURT OF INDIA
Decided on April 27,2001

RAVAIL SINGH Appellant
VERSUS
UTTAR PRADESH AVAS EVAM VIKAS PARISHAD Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The appellants have filed execution application and later moved a petition for amending that execution application. When the amendment was allowed, the High Court, by the impugned order, reversed it holding that the appellants are not entitled to such an amendment. To resolve the problem we permit the decree holders to file a fresh execution application showing the correct amount due to them as per the decree. The present execution application will stand dismissed without prejudice to the right of the petitioners to move the execution application afresh. This new execution application is permitted to be filed without prejudice to the right of the judgment debtors to raise all contentions, including the contention raised before the High Court that the decree holders are not entitled to any further amount or that they are entitled only to a lesser amount.
(3.) If any such execution petition is filed afresh, the same shall be dealt with by the execution Court untrammeled by any observations made in the impugned order. Accordingly, this appeal is disposed of. Appeal disposed of accordingly.;


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