Naresh Sharma vs Shiv Ram
2023 Latest Caselaw 15859 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                               CMPMO Nos. 399 & 405 of 2022
                         Date of decision : 10.10.2023.




                                                                .
    1.     CMPMO No. 399 of 2022





           Naresh Sharma                                      ...Petitioner.
                               Versus





           Shiv Ram                                          ...Respondent

    2.     CMPMO No. 405 of 2022





           Naresh Sharma                                    ...Petitioner

                     r         Versus

           Shiv Ram                                         ...Respondent.

    Coram:
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.


    Whether approved for reporting?1
    For the petitioners         :    Mr. D. N. Sharma, Advocate.




    For the respondents         :    Mr. Sanjay Sharma, Advocate.





    Satyen Vaidya, Judge (Oral)

Aggrieved against the order dated 11.7.2022, the

petitioner has approached this Court. His main grievance is

that he had raised objections as to executability of the decree

before the learned Executing Court, in which, he was proceeded

against ex-parte. He has already moved an application for

setting aside the ex-parte order against him and till its decision,

Whether reporters of Local Papers may be allowed to see the judgment?

the learned Executing Court should not have passed the

impugned order, which has penal consequences.

.

2. During the course of hearing, learned counsel for

the petitioner has fairly submitted that before approaching this

Court, no prayer was made before the learned Executing Court

to defer the implementation of impugned order on the ground

that the application of the petitioner for setting aside ex-parte

order as also the objection as to executability of the decree was

still pending. In this background, the petitions are disposed of

by permitting the petitioner to file appropriate application(s)

before the learned Executing Court within one week from today,

seeking interim protection to defer the implementation of the

impugned order dated 11.7.2022. On presentation of such

application(s), the learned Executing Court will decide the same

within two weeks thereafter. Till then, the order dated

11.7.2022 impugned herein in the instant petitions, shall

remain in abeyance.

3. It is clarified that this Court has not expressed any

opinion on the merits of the respective cases of the parties. The

parties are directed to appear before the learned Executing

Court on 16.10.2023.

4. The petitions stand disposed of. Pending

applications, if any, also stand disposed of.

.

                                                (Satyen Vaidya)
                                                    Judge





    10th October, 2023
           (kck)




                   r          to