Chuhar Singh vs Jai Parkash Gupta & Anr
2024 Latest Caselaw 12401 HP

Himachal Pradesh High Court

Chuhar Singh vs Jai Parkash Gupta & Anr on 28 August, 2024

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.429 of 2022 Date of decision: 28.08.2024

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    Chuhar Singh.                                                         ...Petitioner.





                                   Versus
    Jai Parkash Gupta & Anr.                                         ...Respondents.





    Coram:

Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner : Mr. Prashant, Advocate, vice Mr. r Sarthak Mehta, Advocate.

For the respondents : Mr. P.P. Chauhan, Advocate

(through VC) with Ms. Tara Devi and Ms. Sugandha Verma, Advocates.

Jyotsna Rewal Dua, Judge

Following order was passed by learned Executing

Court on 13.07.2022, which has been assailed in this

petition instituted under Article 227 of Constitution of

India:-

"13.07.2022 Present:- Sh. T.S. Shah, Advocate for DH None for JD (JD already exparte) Notice having been received by the JD Order 21 Rule 34 CPC. JD has not put up appearance before this Court when the matter has been listed for filing of objection against draft sale deed. It can be presumed that he has nothing to say in the

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

matter. Accordingly the draft sale deed is accepted and Superintendent of this Court is hereby appointed to cause sale deed to be executed in accordance with law. His fee is assessed to be

.

Rs.3,000/- which shall be paid by the DH at the

time of execution of sale deed. Now, case be listed for 29.07.2022."

2. Learned counsel for the petitioner contends that

the petitioner was not aware of the previous orders passed

by the learned Executing Court on 09.05.2022 and

09.06.2022, which required him to file objections against the

draft sale deed. Consequently, the petitioner could not file

his objections to the draft sale deed. A prayer has been made

to grant the petitioner an opportunity to file objections to the

draft sale deed after setting aside the order dated

13.07.2022.

Learned counsel for the respondents defended the

impugned order and submitted that the petitioner was fully

aware of the proceedings initiated by the respondents to

enforce the judgment and decree. It was also submitted that

the petitioner had been dragging the litigation for over 10

years for his own vested interests.

3. The zimni orders passed in the execution petition

placed on record of the case give the impression that the

.

petitioner had attended proceedings in the execution petition

on 25.03.2014 and he was duly represented by his learned

counsel on 26.08.2014. However, thereafter, neither the

petitioner appeared himself nor he ensured the appearance

of his learned counsel and consequently, he was proceeded

ex parte.

In the aforesaid circumstances, no error can be

found in the order dated 13.07.2022, whereby the

petitioner's right to file objections against the draft sale deed

was closed, and consequently, the draft sale deed was

accepted for execution in accordance with law. However,

taking note of the submissions of the petitioner that during

the pendency of the execution proceedings, the matter was

transferred from the Court of the learned Civil Judge (Senior

Division), Court No.1, Paonta Sahib, District Sirmour to the

Court of the learned Civil Judge, Court No.2, Paonta Sahib,

District Sirmour, and that the petitioner was allegedly not

aware of the transfer of the proceedings, it is deemed

appropriate, in the interest of justice, equity and good

conscience, to grant the petitioner one opportunity to file his

objections to the draft sale deed.

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4. Accordingly, impugned order dated 13.07.2022 is

set aside. The petitioner is hereby granted one opportunity

for filing his objections against the draft sale deed before the

learned Executing Court. The same be filed on the next date

of listing of the case. This shall, however, be subject to cost

of Rs.15,000/- to be paid by the petitioner to the

respondents before the learned Executing Court on the next

date. Parties, through their learned counsel, are directed to

appear before the learned Executing Court on 10.09.2024.

It is made clear that the opportunity being

granted now shall be final opportunity for the aforesaid

purpose. In case, the petitioner does not file his objections

against the draft sale deed and does not pay the costs to the

respondents on the aforesaid date, the learned concerned

Court shall proceed further in the matter in accordance with

law.

Taking into consideration the fact that the

execution proceedings are pending ever since the year 2013,

it is hoped and expected that the learned Executing Court

will make every possible effort to bring the execution

proceedings to their logical conclusion expeditiously, and

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preferably within four months from today, i.e. by 31.12.2024.

The petition is disposed of on above terms along

with pending miscellaneous application(s), if any.

Jyotsna Rewal Dua

28 August, 2024 th Judge (Pardeep)