SHIV NATH Vs. STATE OF U P

JUDGEMENT

(1.) 1. This petition has been filed for a direction upon the respondents to comply with the judgment and decree passed by the Reference Court.

(2.) The averments made in the writ petition indicate that against the aforesaid judgment and decree, a First Appeal was filed in this Court in which a conditional interim order was passed. Learned counsel for the petitioner contended that the Executing Court is not deciding the application.

(3.) Having heard learned counsel for the parties, we are of the opinion that as the conditional interim order was passed by this Court in the First Appeal filed by the Collector, Agra and others, the proper course for the petitioner is to move an application in the pending First Appeal. The writ petition is, accordingly, dismissed.