Anil Kumar, J. - (1.) HEARD Sri Brijesh Kumar Saxena, learned counsel for the petitioner, Sri Zainul Abidin, learned counsel for the respondents and perused the record. With the consent of learned counsel for the parties, the present writ petition is being heard at the admission stage.
(2.) FACTS , in brief, of the present case are that Munna Khan, now deceased, filed a suit for specific performance of contract against Smt. Rskhe Muneer, registered as Regular Suit No. 90 of 1980, Munna Khan v. Smt. Rashke Muneer, before the court of Civil Judge, Mohanlalganj, Lucknow, allowed by judgment and decree dated 30.11.1981. Aggrieved by the said judgment and decree Smt. Rashke Muneer had filed first appeal before this Court as pauper bearing First Appeal No. 200 (F) of 1983, (pauper) Smt. Rashke Muneer v. Munnao Khan. During the pendency of appeal Smt. Rashke Muneer died issueless and by order dated 10.7.2002 appeal filed by the Smt. Rashke Muneer was dismissed as stands abated.
(3.) IN view of the said facts, Munna Khan decree holder had filed execution application for execution of decree before the Civil Judge, Mohanlalganj (S.D.) Lucknow, registered as Execution case No. 9 of 2002, Munna Khan v. Smt. Rashke Muneer, on 15.9.2006 dismissed in default.;