Ranjit Singh vs Sunil Kumar Jain
2023 Latest Caselaw 101 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet

                              WP227 No. 828 of 2022

• Ranjit Singh S/o Late Gurudayal Singh Aged About 54 Years, Proprietor M/s Guru
  Engineering Works, Resident Of Shyam Nagar, Polsay Para, Durg, District Durg (C.G.)

                                                                        ---- Petitioner

                                      Versus

• Sunil Kumar Jain S/o Late Gaindmalji Jain, Aged About 42 Years, Dilip Medical Store,
  Sanichari Bazar Durg, District Durg (C.G.)

                                                                      ---- Respondent

and

WP227 No. 831 of 2022

• Ranjit Singh S/o Late Gurudayal Singh, Aged About 54 Years, Proprietor, M/s Guru Engineering Works, Resident Of Shyam Nagar, Polsay Para, Durg, District Durg Chhattisgarh

---- Petitioner

Versus

• Sunil Kumar Jain S/o Late Gaindmalji Jain, Aged About 42 Years, Dilip Medical Store, Sanichari Bazar, Durg District Durg Chhattisgarh

---- Respondent

5.1.2023 Mr. BP Sharma and Mr. Chakresh Tiwari, Counsel for the petitioner.

Heard on the applications (IA No.1/2022 in both the petitions) for

grant of interim relief.

Issue notice to the respondent on the main petition as well on IA

No.1/2022 on payment of PF within 3 days, failing which, these

petitions shall stand dismissed automatically without further

reference to the Court.

Learned counsel for the petitioner would submit that the relief of

possession, which has not been claimed in the original suit cannot be allowed in the Execution Petition as the same would go beyond

the decree, which is not permissible in law. He would place reliance

on the judgments of the Supreme Court in the matters of Adcon

Electronics Pvt. Ltd. Vs. Daulat and another, (2001) 7 SCC 698 and

Excel Dealcomm Private Limited Vs. Asset Reconstruction

Company (India) Limited and others, (2015) 8 SCC 219 and also

Firm Rajastan Udyog and others Vs. Hindustan Engineering and

Industries Limited, (2020) 6 SCC 660 and pray to stay the further

proceedings of Execution Case No.43/2021.

Having considering the submission of learned counsel for the

petitioner, at this juncture, this Court finds it appropriate to direct

the Executing Court to execute the decree in terms of the judgment

and decree dated 26.10.2016 passed in Civil Suit No.46-A/2014 by

the Seventh Additional District Judge, Durg (CG). Ordered

accordingly.

It is further directed that the amendment of the Execution Petition

shall remain stayed till the next date of hearing.

It is made clear that if the judgment-debtor/petitioner does not

cooperate to execute the decree, then, the sale-deed shall be got

executed through the Court.

List the matter in the week commencing 20.2.2023.

Sd/-

(Deepak Kumar Tiwari) Judge

Shyna