Smt. Gaura Bai Raikwar vs Babulal (Decree Holder)
2022 Latest Caselaw 12652 MP

                                                           1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                                ON THE 21st OF SEPTEMBER, 2022

                                             MISC. PETITION No. 1393 of 2019

                                  BETWEEN:-
                          1.      SMT. GAURA BAI RAIKWAR W/O LATE ARJUN
                                  BHAGAT SINGH AND WARD IN FRONT OF
                                  KRISHNA MANDIR BEENA TEHSIL BEENA
                                  SAGAR (MADHYA PRADESH)

                          2.      KHUSHILAL RAIKWAR S/O LATE ARJUN
                                  BHAGAT SINGH WARD IN FRONT OF KRISHNA
                                  MANDIR BEENA (MADHYA PRADESH)

                          3.      MANOJ RAIKWAR S/O LATE ARJUN BHAGAT
                                  SINGH WARD IN FRONT OF KRISHNA MANDIR
                                  BEENA (MADHYA PRADESH)

                                                                                       .....PETITIONER
                                  (BY SHRI PRANAY CHOUBEY, ADVOCATE)

                                  AND
                                  BABULAL (DECREE HOLDER) S/O RAMADHAR
                                  R AIKWAR BHAGWAT SINGH WARD BEENA
                                  TEHSIL BEENA SAGAR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                                  (BY SHRI L.C.CHOURASIYA, ADVOCATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                            ORDER

The present petition has been filed by the petitioners who are aggrieved by the order dated 7.12.2018 passed by the Executing Court in Execution Case No.12-A/1978, whereby the application of the petitioners under section 47 of the CPC was dismissed.

Learned counsel for the petitioners submits that the said impugned order Signature Not Verified Signed by: SHYAMLEE SINGH SOLANKI Signing time: 9/23/2022 4:24:13 PM

has been passed without proper application of mind. Having gone through the said order it does not appear that the order has been passed without any application of mind. On the contrary, the learned Execution Court has considered the objections of the petitioners and rejected them by giving reasons for the same.

Under the circumstances, this petition is disposed of with a request to the Execution Court to ensure that the execution proceedings are carried out strictly in compliance of section 47 of the CPC and also after taking the report of the Tahsildar with regard to the identification of one acre of land which has been decreed in favour of the respondents herein by the learned Trial Court

vide its judgment and decree dated 1.2.1982.

With the above, this petition is disposed of finally. Interim relief granted earlier stands vacated. A copy of this order be transmitted to the learned Execution Court.

(ATUL SREEDHARAN) JUDGE ss

Signature Not Verified Signed by: SHYAMLEE SINGH SOLANKI Signing time: 9/23/2022 4:24:13 PM