Navin Kumar Jain vs Komal Chand Saraf (Dead) S/O Late ...
2021 Latest Caselaw 7856 MP

                                                                        1                                 MP-4193-2021
                                            The High Court Of Madhya Pradesh
                                                      MP No. 4193 of 2021

(NAVIN KUMAR JAIN AND OTHERS Vs KOMAL CHAND SARAF (DEAD) S/O LATE LAKHMICHAND SARAF THROUGH LTS. SMT. SHANTI SARAF AND OTHERS)

Jabalpur, Dated : 25-11-2021

Shri L.C Chourasiya, learned counsel for the petitioner.

Petitioner has filed this miscellaneous petition assailing the impugned order dated 11/11/2021 passed by 6th Civil Judge, (Senior Designation) Sagar in Execution proceeding on singular ground that plaintiff is dead yet execution is being carried out in the name of dead person.

When this aspect is sought to be demonstrated through pleadings in the present petition, Shri L.C. Chourasiya has failed to bring out any such pleading on record. Therefore, in absence of any such pleading and looking to the fact that on the contrary application dated 05/10/2011 filed on behalf of the judgment debetor, it is specifically mentioned Komal Chand Saraf (dead) through legal heir Smt Shanti Devi- Decree Holder. It is evident that Legal heir are pursuing the execution proceeding and this petition has been filed on false and frivolous ground. There is no illegality in the imugned order calling for interference in this writ petition. Therefore, this petition fails and is dismissed.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE

tarun

Signature Not Verified SAN

Digitally signed by TARUN KUMAR SALUNKE Date: 2021.11.26 09:31:36 IST