Smt. Sishu Sharma vs Padma Rani And 4 Others
2022 Latest Caselaw 20748 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10146 of 2022
 

 
Petitioner :- Smt. Sishu Sharma
 
Respondent :- Padma Rani And 4 Others
 
Counsel for Petitioner :- Sarvanand Pandey
 
Counsel for Respondent :- Ashish Mishra
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Sarvanand Pandey, learned counsel appearing for the petitioner and Ms. Pooja Talwar, learned counsel appearing for the District Judiciary under the High Court.

In compliance of order of this Court dated 16th November, 2022 a report submitted by Judge, Small Causes dated 2nd December, 2022 has been placed before this Court, which is taken on record.

This Court in its earlier order had recorded concern regarding misplacement of an execution case file which was causing delay in disposal of a very old execution case pending since 2013 drawing inference from the two orders placed before the Court in some misc. case filed, in which it was noted to be missing. Now, the report has been placed before the Court by the Judge, Small Causes Court, Aligarh dated 2nd December 2022 from which it transpires that after dismissal of the petition before this Court arising out of judgment and decree passed in SCC Case No.- 48 of 1999 and Small Causes Revision No.- 47 of 2001, on 22nd January, 2014 in writ petition No.- 54679 of 2002 the execution case started.

It is in that execution case, it appears, some objection was filed under Section 47 of Code of Civil Procedure, 1908 which was registered as Misc. Case No.- 4 of 2014 but since petitioner did not present himself to pursue that objection, the same came to be dismissed on 6th December, 2014. Thereafter some misc. application was moved to trace out the record of Misc. Case No.- 4 of 2014 and for this purpose that misc. application came to be registered as misc. Case No.- 16 of 2018 and while passing the order on 30th August, 2022 the Court observed that as and when those documents were traced out that might be placed on record but merely because the file of earlier misc. case No.- 4 of 2014 was missing, this itself could not be a ground to detain the proceeding of execution case.

Taking this above view of the matter the Court, therefore, rejected the application of the petitioner for stay of the proceedings of execution case vide order dated 30th August, 2022 and directed for the decree holder to clarify as to whether he has done the needful or not for ensuring the availability of police force for execution of decree and for which 22nd September, 2022 is fixed.

Thus from the report that has been submitted by Judge, Small Causes, the court is satisfied that there is no misplacement of the record of execution case and the executing court concerned is rightly proceeding with the execution case by passing appropriate orders to bring it to a logical end.

In view of the above, no interference is required for in the matter.

The petitioner's objection under Section 47 of Code of Civil Procedure, 1908 having already been dismissed by the executing court and the same haing remained unchallenged further at any forum, I do not find any good ground to interfere in the matter.

The petition fails and is, accordingly, dismissed.

Order Date :- 12.12.2022

Atmesh