Mohan Verma vs Love Pachauri And 4 Others
2021 Latest Caselaw 6361 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2670 of 2021
 

 
Petitioner :- Mohan Verma
 
Respondent :- Love Pachauri And 4 Others
 
Counsel for Petitioner :- Aarushi Khare,Sanjeev Kumar Pandey
 
Counsel for Respondent :- Vijay Prakash Singh Kushwaha
 

 
Hon'ble Ashwani Kumar Mishra,J.

This petition is by the judgment debtor in Execution Case No. 05 of 2014. The order impugned 18.02.2021 is an order rejecting objection filed by the defendant judgment debtor in execution proceedings. The only ground urged before this Court is that objection about his address not being correctly mentioned in the execution proceedings has not been examined, nor any finding has been returned in that regard, as such the order is bad in law.

Petition is opposed by Sri V.P.S. Kushwaha, learned counsel appearing for the decree holder.

It is admitted that the decree of the Court has not been interfered with by any higher forum so far and the same is clearly executable. The judgment debtor is clearly aware of the decree and has entered appearance before the court below in execution proceedings. There is no objection to the executibility of decree on merits. In view of the fact that the judgment debtor is otherwise aware of the proceedings and has entered appearance as such the correctness or otherwise of the address in execution proceedings uses much of its significance. Since no prejudice or failure of justice is otherwise shown, therefore, this Court is not inclined to exercise its jurisdiction under Article 227 of the Constitution of India so as to interfere with the order impugned.

This petition lacks merit and is, accordingly, dismissed.

Order Date :- 16.6.2021

Abhishek Singh