STATE OF U.P. Vs. SAIFI ABDUL HASAN NIMACHWALA
LAWS(ALL)-2015-12-267
HIGH COURT OF ALLAHABAD
Decided on December 11,2015

STATE OF U.P. Appellant
VERSUS
Saifi Abdul Hasan Nimachwala Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) The applicant, judgement-debtor has approached this court assailing the order dated 24 March 2015, passed by Additional District Judge (Court no.2), Rampur in Civil Revision No. 35 of 2014 (State of U.P through Collector, Rampur Vs. Saifi Abdul Hasan Neemachwala), arising from an order of Civil Judge (Senior Division), Rampur dated 21 May 2014, passed in Execution Case No. 4 of 1994 (Saifi Abdul Hasan Vs. State of U.P).
(3.) The respondent-decree holder instituted a suit being Original Suit No. 184 of 1989 for renewal of expired lease for a period of thirty years, the suit was decreed on 18 November 1991, whereby, lease was renewed with effect from 14 December 1978 for a further period of thirty years, aggrieved, applicant preferred an appeal before the District Judge, Rampur which was dismissed on 2 May 1992, thereafter, second appeal filed before this court was also rejected. Consequently, the respondent instituted an Execution Case being Case No. 4 of 1994 before the Civil Judge (Senior Division), at Rampur, the execution proceedings was dismissed in default on 21 July 1995, restoration application under Section 151 along with an application under Section 5 of Limitation Act was preferred on 12 April 2004 after a lapse of 9 years and six months which was allowed by the learned Civil Judge (Senior Division), Rampur on 21 May 2014, aggrieved, the applicant preferred a revision which was dismissed.;


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