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Judgment
Aggrieved of order dated 09.01.2008 passed in Execution Suit No.04 of 1995 whereby application under section 47 C.P.C has been dismissed, the
petitioner-judgment debtor has approached this Court.
Without recording detail facts of the case, suffice would be to indicate that against an order passed under section 47 C.P.C on 04.06.2005 the
petitioner came to this Court in W.P.(C) No.3689 of 2005. The writ petition stood disposed of with a direction to the executing court to execute the
decree in accordance with law. The judgment debtor again filed an application on 04.10.2007 which has been dismissed by the impugned order dated
09.01.2008.
This was also an application under section 47 C.P.C.
Pursuant to order dated 19.07.2017, a report from the trial court has been received. It is stated that the case is pending for the report of survey
knowing Pleader Commissioner in respect of measurement of the decreetal property. In this view of the matter grievance raised by the petitioner in
this writ petition has been rendered infructuous. The executing court shall execute the decree, expeditiously.
The writ petition stands disposed of.