LAWS(ALL)-1991-12-43

YASIN ALI Vs. IST ADDITIONAL DISTRICT JUDGE SHAHJAHANPUR

Decided On December 04, 1991
YASIN ALI Appellant
V/S
1ST ADDITIONAL DISTRICT JUDGE, SHAHJAHANPUR Respondents

JUDGEMENT

(1.) RESPONDENTS no 3 to 5 got a decree of possession of the property in dispute with costs. This decree was dated 7-11-1981. The decree-holder respondents moved an execution application before the executing court. In the execution application the prayer for possession was not clear and the cost was deposited by the judgment debtors. Consequent thereto, vide an order, dated 14-4-1987, the executing court passed an order saying "the prayer of possession is not clear, Rejected."

(2.) ON 17-4-1987, the execution court passed another order saying "the application is allowed. The amount to the extent of cost can be withdrawn by the decree-holder which has been mentioned in the execution application consigned to the record room, The warrant of attachment is withdrawn."

(3.) AGGRIEVED by the aforesaid order passed by the revisional court, the petitioner judgment-debtor has filed the present writ petition under Article 226 of the Constitution of India.