- (1.) HEARD Shri Akshay Tripathi, Advocate holding brief of Shri A.K. Gupta for the revisionist and learned AGA for opposite party nos. 1 and 2.
(2.) THIS revision has been filed by Jai Singh against the order dated 4.2.1995 passed by Additional District and Sessions Judge, Aligarh in Criminal Revision No.273 of 1994 allowing the revision of Chameli Devi vs. State of U.P. and others and setting aside the order dated 24.5.1994 of Sub Divisional Magistrate, Hathras by which the proceedings under Section 145 Cr.P.C. were dropped.
(3.) LEARNED counsel for the revisionist argued that the revisionist is the rightful owner of the property in dispute which was purchased by him in court auction in execution of a decree passed in Civil Suit No.249 of 1975 Vishal Singh vs. Faguni, the husband of opposite party no.3, Chameli Devi. He argued that in Civil Suit No.249 of 1975 on the basis of mortgage, a decree was passed in favour of Vishal Singh against which Civil Appeal No.680 of 1976 was filed by defendant Faguni, the husband of opposite party no.3 and was dismissed on 9.5.1985; that the Final decree was prepared on 8.5.1985 and in execution of the decree in Execution Case No.40 of 1986 the property in dispute was auctioned by the Court on 6.4.1987 in favour of the revisionist and upon acceptance by the Court on 14.2.1992, the auction sale was confirmed and the sale certificate was issued which was registered by Sub Registrar, Hathras on 6.2.1992; that the judgment debtor challenged the order of confirmation of sale dated 14.2.1992 by filing the Misc. Civil Appeal No.21 of 1992, which was dismissed by the District Judge on 18.11.1992 and thereafter possession was delivered to the revisionist through the Court on 23.11.1992; that apart from above, Faguni also filed writ petition no.31 of 1993 against the revisionist concealing the real fact of confirmation of sale and obtained an exparte order, but ultimately the writ petition was dismissed vide order dated 22.10.2003, a copy of which has also been filed with Supplementary Affidavit.;