Union of India and Others Vs Magroo and Others

Court No. - 59

Case :- WRIT - C No. - 60036 of 2008

Petitioner :- Union Of India And Others Respondent :- Magroo And Others Counsel for Petitioner :- V.K. Goel,A.K. Gaur,Rajnish Kumar Rai,S.R.Nigam Counsel for Respondent :- Satish Dwivedi,SC

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Hon'ble Surya Prakash Kesarwani,J.

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This is a writ petition under Article 226 of the Constitution of India, which has been filed praying to quash the order dated 08.09.1998 passed by the District Judge, Allahabad in Civil Appeal No.242 of 2008 and the order dated 02.08.2008 passed by the Judge Small Cause Court, Allahabad in Case No.85 of 2004 (Union of India vs. Mangroo and others) whereby the application under Section 47, C.P.C. filed by the applicant- Union of India was rejected and the order of rejection was affirmed by the revisional court.

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An interim order dated 20.11.2008 was passed directing the petitioners judgment debtors to deposit the amount in question within four weeks before the executing court and the amount so deposited will not be disbursed to the decree holders till further orders of the court.

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It appears that the aforesaid execution case arises from the judgment and decree passed in O.S. No.66 of 1980.

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Since 07.11.2014, this writ petition was listed six times but it was passed over on the request of learned counsel for the petitioners. On 01.02.2019, none appeared and, therefore, the case was adjourned.

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A writ petition under Article 226 of the Constitution of India, is not maintainable to challenge the order passed by Civil Court as held by Hon'ble Supreme Court in the case of Radhey Shyam vs. Chhavi Nath, (2015) 5 SCC 423.

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In view of the aforesaid, illness slip filed by Sri Rajnish Kumar Rai, learned counsel for the petitioners Union of India is rejected and the writ petition is dismissed .

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Order Date :- 11.3.2019 NLY

Union of India and Others v. Magroo and Others

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Union of India and Others v. Magroo and Others

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