MANOJ Vs. MOHAN KUMAR
LAWS(ALL)-2014-7-143
HIGH COURT OF ALLAHABAD
Decided on July 17,2014

MANOJ Appellant
VERSUS
MOHAN KUMAR Respondents

JUDGEMENT

- (1.) Heard Shri M.D. Mishra, learned counsel for the petitioners and Shri Arvind Srivastava, learned counsel for the respondents.
(2.) By means of this writ petition the petitioners have made the following prayer : "a) to issue writ of certiorari quashing the entire proceeding in execution No. 1/2002 pursuant to the exparte decree dated 21.8.2000 passed in Civil Suit No. 20/95 (annex. 4 to the writ petition); b) to issue a writ of Mandamus directing the District Judge, Jhansi to decide the application of the petitioners for interim relief within time stipulated by the Hon'ble court; c) to issue any writ order or direction as this Hon'ble court may deem fit and proper; d) to call for the record and award the cost of the writ petition."
(3.) An agreement to sale was executed on 2.12.1991 between Bhagwan Das - respondent no. 6 and respondents no. 1 to 5. When Bhagwan Das failed to perform his part of the agreement in executing the sale-deed, a Suit No. 20 of 1995 was instituted for specific performance. The said suit was contested and was ultimately decreed on 21.8.2000. The respondents then filed an Execution Case No. 1 of 2002 and by intervention of court, a sale-deed was executed on 1.10.2013 and was registered on 19.10.2013. The executing court after execution of the sale-deed also went on to retrieve possession from the petitioners, which order is subject matter of challenge before this Court.;


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