Ramnath Kahar vs Munsha Kumar
2022 Latest Caselaw 8471 MP

                                                                       1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                     BEFORE
                                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                                ON THE 27th OF JUNE, 2022

                                                           MISC. PETITION No. 2274 of 2019

                                               Between:-
                                               RAMNATH KAHAR S/O LATE BAIJEET KAHAR ,
                                               AGED   ABOUT   58   YEARS, OCCUPATION:
                                               FARMER R/O WARD NO 11 DURGA COLOY
                                               (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                               (NONE FOR THE PETITIONER)

                                               AND

                                       1.      MUNSHA KUMAR S/O LATE LALUA KUMHAR
                                               R/O WARD NO 11 SOHAGPUR (MADHYA
                                               PRADESH)

                                       2.      SMT. TIJIYA BAI W/O LATE LALUA KUMHAR
                                               WARD NO. 11 TAH. SOHAGPUR (MADHYA
                                               PRADESH)

                                       3.      SMT. DHNMANIYA D/O LATE LALUA KUMHAR
                                               WARD NO. 5 TAH. SOHAGPUR (MADHYA
                                               PRADESH)

                                       4.      BRIJKISHOR S/O PARMESHWARDEEN BARI
                                               WARD NO. 11 TAH. SOHAGPUR (MADHYA
                                               PRADESH)

                                       5.      SUKHDEV KHAIRWAR S/O RAMBHAROSE
                                               KHAIRWAR WARD NO. 11 TAH. SOHAGPUR
                                               (MADHYA PRADESH)

                                       6.      SUNDER KUMHAR S/O RAMAI KUMHAR WARD
                                               NO. 11 TAH. SOHAGPUR (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                               (NONE FOR THE RESPONDENTS)
Signature Not Verified
  SAN


                                             Th is petition coming on for hearing this day, th e court passed the
Digitally signed by MOHD TABISH KHAN
Date: 2022.06.28 18:36:47 IST

                                       following:
                                                                           2
                                                                           ORDER

This miscellaneous petition under Article 227 of Constitution of India is filed by the judgment debtor Ramnatt Kahar being aggrieved of order dated 04.04.2019 passed by First Civil Judge, Class-II, District Shahdol in Execution Case No.4/2009.

Judgment Debtor had filed an application to close the proceedings of the execution. This application was filed on 19.01.2019 on the ground that though Trial Court has passed a decree in favour of judgment debtor in relation to Survey Nos.1794 and 1817 but judgment debtor is trying to encroach upon the land on which he has constructed a house under the Pradhan Mantri Awas

Yojna.

Learned trial Court recorded a specific finding that decree has been passed in favour of the judgment debtor in regard to land contained in Survey Nos.1794 and 1817, therefore, Executing Court is not required to go behind the decree and thus taking cognizance of legal provisions contained under Section 47 of CPC, rejected the application.

Another application was filed by the judgment creditor under Section 151 CPC, seeking directions to the executing Court to direct the concerned Police to help him in obtaining possession of the civil suit property as possession warrant could not be executed without the help of the police authority.

Application dated 16.01.2019, after recording evidence of Noor Mohammad (Tameel Kuninda) has been allowed by the executing Court.

After perusing the record and going through the judgment and decree passed in favour of the judgment creditor, I do not find any illegality in the Signature Not Verified SAN

impugned order calling for any interference. Digitally signed by MOHD TABISH KHAN

Petitioner has not been able to bring on record any evidence to show that Date: 2022.06.28 18:36:47 IST

under the guise of decree passed in connection with Survey Nos.1817 and 1794, judgment creditor is trying to take possession of any other land.

Thus, petition is misconceived and is liable to be dismissed and is accordingly dismissed.

Interim order, if any, shall vacated.

At this stage, Shri Navneet Dubey, Advocate appear for the petitioner.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.06.28 18:36:47 IST