Smt. Neeta Jain vs Sharadchandra Sharma
2022 Latest Caselaw 7879 MP

                                                                             1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                           BEFORE
                                                          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                     ON THE 15th OF JUNE, 2022

                                                                MISC. PETITION No. 1782 of 2022

                                                    Between:-
                                                    SMT. NEETA JAIN W/O HEMANT JAIN , AGED
                                                    ABOUT 58 YEARS, OCCUPATION: NOTHING 150,
                                                    NAMAK MANDI, UJJAIN, PURVA ME DUKAN,
                                                    ADDRESS-51,     SHAKRANCHARYA       ME
                                                    LAKHERWADI, 11 AND 12 VINAYAK COMPLEX
                                                    UJJAIN (MADHYA PRADESH )

                                                                                                         .....PETITIONER
                                                    (BY SHRI M.K.JAIN-ADVOCATE)

                                                    AND

                                                    SHARADCHANDRA           SHARMA      S/O
                                                    KANHAIYALAL SHARMA , AGED ABOUT 65
                                                    Y E A R S , OCCUPATION:   PANDITAAI 51,
                                                    LAKHERWADI VINAYAK COMPLEX UJJAIN
                                                    (MADHYA PRADESH)

                                                                                                        .....RESPONDENT


                                                  T h is petition coming on for orders this day, t h e cou rt passed the
                                            following:
                                                                              ORDER

This is a petition under Article 227 of the Constitution of India challenging the order dated 5.3.2022 passed by the executing court whereby the application filed by the petitioner who is a judgment debtor under section 151 CPC has been rejected.

The petitioner has filed an application under section 47 CPC before the Signature Not VerifiedDigitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.06.16 executing court. He also filed an application under section 151 CPC for 12:34:57 IST

adducing the evidence in support of his application under section 47 CPC. The

executing court after considering the submission of learned counsel for petitioner held that for deciding the application under section 47 CPC, in the facts of the case no evidence would be required to be adduced in the present case and has passed an order for deciding the application under section 47 CPC on the next date.

Counsel for the petitioner submits that decree holder has suppressed the order passed by the High Court in Writ Petition No. 6222/2012 and further the executing court has failed to take into consideration the fact that against the subsequent exparte decree the petitioner has already filed an application under Order IX rule 13 CPC which is pending before the same court.

It would be open for the petitioner to raise all these points before the executing court at the time of hearing of the application under section 47 CPC.

This Court does not find any illegality or perversity in the order impugned warranting interference under Article 227 of the Constitution of India.

The petition is accordingly dismissed.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.06.16 12:34:57 IST