Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 183 of 2010 Petitioner :- Hari Lal Nishad Respondent :- (Deceased) Ram Surat Kewat And Others Petitioner Counsel :- Ranjeet Asthana Respondent Counsel :- Anant Vijai Hon'ble Krishna Murari, J.
Case called out. No one has appeared on behalf of petitioner to
press the writ petition. However, I have perused the record and
heard Sri Anant Vijai for the respondents.
The facts are that suit filed by Ram Surat (since deceased now
represented by respondents no. 1/1 to 1/7 for injunction was
decreed and defendant Purnmasi was restrained interfering in
possession of the plaintiff over the suit property or to transfer the
same. After death of Purnmasi his heir and legal representative
Surendra in violation of the decree transferred the same in favour
of petitioner as such an application under Order XXII Rule 32 C.
P. C. was filed by the respondents, herein. The executing court
finding that sale deed has been executed in defiance of the decree
vide order dated 31.3.2006 allowed the application for attachment
and auction of the property of the petitioner Hari Lal Nishad with
direction that respondents may provide details within ten days.
Aggrieved, the petitioner went up in revision which has also been
dismissed.
In view of the findings recorded by two courts below that sale
deed has been executed in defiance of the decree, no illegality has
been committed by the courts below in passing the impugned order
which may call for any interference.
The writ petition accordingly fails and stands dismissed.
Order Date :- 22.7.2010
Dcs