Chattisgarh High Court
Mohammad Farukh Warsi vs Smt. Manisha Anand W/O Shri Ajay ... on 3 February, 2022
1
NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
W.P.(227) No. 94 of 2022
• Mohammad Farukh Warsi S/o Shri Musabhai Warsi Aged About
51 Years R/o Tagore Nagar, District Raipur, Chhattisgarh.
------Petitioner
VERSUS
• Smt. Manisha Anand W/o Shri Ajay Anand, R/o Sanchalika
Tandoor Dhaba, Shop No. 9, Nargis Complex, Near Pujari
Petrol Pump, Ring Road No. 1, Pachpedi Naka, Raipur, District
Raipur, Chhattisgarh.
-------Respondent
For Petitioner : Mr. Pranjal Agrawal, Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
(proceedings through video conferencing)
ORDER
03/02/2022
1. Heard.
2. Learned counsel for petitioner submits that present petition is
filed only for seeking direction to be issued to the Executing Court
for concluding the execution proceedings at the earliest. He
submits that the petitioner filed a suit before the trial Court
seeking relief of eviction of defendant/ respondent from the
rented shop, vacant possession of shop in dispute and arrears of
rent of Rs. 1,88,500/- along with interest @ 9% p.a. The suit filed
by petitioner was decreed in his favour vide judgment and decree
dated 24.01.2018. The judgment and decree passed by trial
Court was assailed by Respondent before the High Court in First
Appeal No. 206/2018 along with an application for grant of stay of
execution. Upon hearing on the stay application, High Court
rejected the same vide its order dated 08.05.2018 as Annexure
P-1 and thereafter second application seeking same relief also
came to be rejected on 08.01.2019. After rejection of first
application for grant of stay of execution, petitioner (decree
holder) filed an application on 16.05.2018 for execution of
judgment and decree passed in his favour which was registered
as Execution Case No. 81-A/12. After notice, respondent filed
several applications against the execution of decree and
ultimately after deciding those applications, Executing court
passed an order for issuance of possession warrant on
16.12.2019 fixing the date on 03.02.2020 for report on
possession warrant. Respondent again moved an application
under order 21 Rule 22 r/w Section 151 of CPC on 19.12.2019
and since then there is no satisfactory progress in the execution
proceedings and the decree of eviction of Respondent could not
be executed till date. The suit accommodation is a commercial
shop and due to pendency of execution proceedings since long,
petitioner is suffering adversely. He submits that a direction be
issued to learned executing Court to conclude the proceedings
within the prescribed time frame.
3. I have heard learned counsel for petitioner and perused the
record of writ petition.
4. The petitioner along with this writ petition has submitted copy of
order passed by High Court rejecting the application for stay,
application for execution of decree and order sheet of Executing
Court as Annexure P-4, perusal of proceedings of Executing court
would show that the petitioner submitted an application for
execution of judgment and decree on 16.05.2018. After deciding
the applications filed by judgment debtor, executing court passed
an order for issuing possession warrant upon payment of process
fee on 16.12.2019 and fixed the case for further hearing on
03.02.2020. Before the next date of hearing, judgment debtor
submitted another application under Order 21 Rule 22 r/w
Section 151 of CPC for staying the possession warrant on
19.12.2019. On the date fixed on 03.02.2020, decree holder
sought time to file reply to the application and the case was fixed
for 18.03.2020. On the said date, judgment debtor sought time to
make his submission on the application filed by judgment debtor,
thereafter, the case was fixed on 27.03.2020 but due to lockdown
due to Covic-19 pandemic and other directions, case could not
be taken up for further proceedings till 02.03.2021. Case was
taken up for hearing on 03.03.2021, on the said date judgment
debtor/ respondent took time for arguments. From the order
sheet available on record of 04.01.2022 would show that
judgment debtor again sought time for arguments which appears
to be an application under Order 21 Rule 22 of CPC filed on
19.12.2019.
5. For the aforementioned facts, It is apparent that application filed
by judgment debtor on 19.12.2019 is still pending for arguments.
In view of above facts of the case, Executing Court is directed to
expedite the proceedings pending in Execution case No. 81-A/12.
6. With the aforesaid direction, writ petition stands disposed of. No
order as to cost(s).
Sd/-
(Parth Prateem Sahu)
Judge
Pawan
