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2025 DAILYLAW 91689 (ALL)

SURESH CHANDRA v. State of UP AND 7 OTHERS

WRIC/29870/2024 · 2025-01-24

Ashwani Kumar Mishra, Donadi Ramesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:12510-DB Court No. - 29 Case :- WRIT - C No. - 29870 of 2024 Petitioner :- Suresh Chandra Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Raj Karan Patel,Sipahi Lal Shukla,Suresh Chandra,Vinod Kumar Counsel for Respondent :- Bakhteyar Yusuf,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition has been filed with a prayer to command the State Authorities to provide requisite police force for execution of a decree passed in Original Suit No. 163 of 1986. It is alleged that the private respondents have encroached upon 70% of the petitioner's land and despite repeated orders passed in execution proceedings, the encroachment of private respondents is not being removed. Sri Bakhteyar Yusuf, Advocate has entered appearance on behalf of respondent nos. 5 to 7 and submits that private respondent nos. 5 to 7 were not defendant in the original suit and therefore, any ex parte decree passed in Original Suit No. 163 of 1986, cannot be executed against them. Even in the execution proceedings, these persons are not arrayed as the opposite parties. Attention of this Court has also been invited to an order passed by this Court in Writ Petition No. 33633 of 2006, as per which, there is a dispute between the petitioner and the Railways, with regard to certain land over which the petitioner claims to be in possession. From the materials placed on record, we find substance in the objection of the respondents, inasmuch as, the decree is against one Bhagwandeen. None of the private respondents are arrayed as defendant in the suit nor they are party in the execution proceedings. Law is well settled that only a judgment debtor is bound by the terms of the decree and once, it is admitted that private respondents are not the defendants in the suit, no direction can be issued against them. Writ petition is wholly misconceived and is, accordingly, dismissed. Order Date :- 24.1.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad