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MA No. 3069 of 2017. Case: Nagar Nigam Aligarh Thru' Nagar Ayukt Vs Civil Judge (Senior Division) & Others. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberMA No. 3069 of 2017
CounselFor Appellant: Satendra Pratap Singh, Adv.
JudgesManoj Misra, J.
IssueCivil Procedure Code
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Manoj Misra, J.

The contention of the learned counsel for the petitioner is that under the terms and conditions of the compromise on the basis of which decree was passed in Civil Appeal No. 88 of 2000 arising out original suit no. 562 of 1991, the decree-holder, namely, Om Prakash, was required to surrender 20 feet wide rasta from plot no. 3315 to enable the judgment-debtor/petitioner to have an approach road for plot no. 3280 and 3281 and in lieu thereof the petitioner was not to interfere with the claim of the decree holder over plot no. 3315. The decree was put to execution giving rise to Execution Case No. 17 of 2005 in which the decree-holder alleged that the petitioner had obtained mutation in respect of plot no. 3315 which amounted to violation of the injunction decree. In the execution proceeding, the petitioner took an objection that under the terms and conditions of the compromise, 20 feet wide rasta was required to be left open which fell over plot no. 3315 and therefore the entire plot no. 3315 could not have been in the name of the decree-holder. It has been submitted that this objection has not been properly considered and therefore revision was filed against the order dated...

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