Dinesh Kumar Malaiya vs Kishor Jaidka
2023 Latest Caselaw 6113 MP

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                 ON THE 17 th OF APRIL, 2023
                                               WRIT PETITION No. 3282 of 2008

                           BETWEEN:-
                           DINESH KUMAR MALAIYA S/O BALCHAN MALAIYA,
                           AGED ABOUT 57 YEARS, TILAKGANJ STATION ROAD
                           SAGAR DI.SAGAR (PUNJAB)

                                                                                          .....PETITIONER
                           (BY SHRI GREESHM JAIN - ADVOCATE)

                           AND
                           KISHOR JAIDKA S/O DESHRAJ JAIDKA, AGED ABOUT 57
                           YEAR S , JAIDKA GAS SERVICE TILAKGANJ SAGAR
                           HAWK CHANTEEN RAJKADEHI (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (NONE FOR THE RESPONDENTS )

                                 This petition coming on for final hearing, this day, the court passed the
                           following:
                                                               ORDER

Learned counsel for the petitioner contends that in this petition, there is

challenge to an order dated 19.02.2008, passed by the executing Court, by which, the executing Court has held that an amount of Rs.1,00,000/- paid by the judgment dated 13.10.2006 is to be adjusted against the decretal amount. The learned counsel contends that the said aspect is required to be dealt with by the executing Court afresh and therefore, the petitioner be extended liberty to move an application afresh and the same be directed to be considered by the executing Court.

Signature Not Verified In view of the submission made by the learned counsel for the petitioner, Signed by: KRISHNA SINGH Signing time: 4/19/2023 4:32:00 PM

the Writ petition stands disposed off with the liberty to the petitioner/decree holder to move an application before the executing Court. The application so moved by the petitioner shall be decided by the executing Court without being influenced by the impugned order dated 19.02.2018.

With the aforesaid, the petition stands disposed off.

(MANINDER S. BHATTI) JUDGE veni

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 4/19/2023 4:32:00 PM