Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41112 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3998 of 2025 Petitioner :- Zahirudeen Respondent :- Riyasat Ali And 22 Others Counsel for Petitioner :- Jay Prakash Singh Vats,Ajay Kumar Soni Counsel for Respondent :- Mohiuddin Khan Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Mohiuddin Khan, learned counsel for the caveator.
2. Present petition has been filed challenging the order dated 03.03.2023 passed in Misc. Case No.916 of 2022 whereby the objection under Section 47 of CPC was rejected as well as the
order dated 13.05.2024 whereby the revision was dismissed.
3. Contention of learned counsel for the petitioner is that specific objections with regard to the Commissioner's report not being in accordance with law, were not considered.
4. A supplementary affidavit has been filed, which is taken on record, which indicates that a final decree came to be passed based upon the Commissioner's report which as accepted on
22.12.1998. The said order was never challenged in any proceedings.
5. Once the final decree based upon the Commissioner's report is finalized, the executing Court had no jurisdiction to go into the decree and thus, the objections have been rightly rejected. The revision has also been rightly rejected.
6. No interference is called for.
7. Present petition is accordingly dismissed.
Order Date :- 18.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench