Narayan Singh vs Omprakash Gupta
2023 Latest Caselaw 8467 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                             ON THE 13 th OF JUNE, 2023
                                          MISC. PETITION No. 3048 of 2023

                           BETWEEN:-
                           NARAYAN SINGH S/O MANGAL SINGH, AGED ABOUT 68
                           YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE
                           SEELGANA TAHSIL BARELI DISTRICT RAISEN
                           (MADHYA PRADESH)

                                                                            .....PETITIONER
                           (BY SHRI MAHESH KUMAR LODHI - ADVOCATE)

                           AND
                           1.    OMPRAKASH GUPTA S/O LATE PREMNARAYAN
                                 R/O 14 NOORJI BOHARA GALI LAKHERAPURA
                                 BHOPAL (MADHYA PRADESH)

                           2.    RAJESH GUPTA S/O LATE PREMNARAYAN 14
                                 NOORJI BOHARA GALI LAKHERAPURA BHOPAL
                                 (MADHYA PRADESH)

                           3.    ATUL GUPTA S/O LATE PREMNARAYAN 14
                                 NOORJI BOHARA GALI LAKHERAPURA BHOPAL
                                 (MADHYA PRADESH)

                           4.    MUKESH GUPTA S/O LATE PREMNARAYAN 14
                                 NOORJI BOHARA GALI LAKHERAPURA BHOPAL
                                 (MADHYA PRADESH)

                           5.    SMT.    ARCHANA    VEECHPURIYA   W/O
                                 RADHESHYAM    VEECHPURIYA HAMIMJI KA
                                 WADA LOHIYA BAZAR LASHKARI (MADHYA
                                 PRADESH)

                           6.    SMT. SAPNA CHANDRA W/O ARVIND KUMAR
                                 CHAN D R A KHITAULA BAZAR SIHORA ROAD
                                 SIHORA DISTRICT (MADHYA PRADESH)

                           7.    SMT. RAJKUMAR GUPTA W/O SHRI VINOD
                                 KUMAR JAGDISH A-54 DWARKADHAM INFRONT
Signature Not Verified
                                 OF SANJEEV NAGAR NEW JAIL ROAD KARAUD
Signed by: SAVITRI PATEL
Signing time: 6/15/2023
11:53:25 AM
                                                               2
                                 (MADHYA PRADESH)

                           8.    SMT. SUNITA KATARE W/O SUMIT KATARE
                                 RUPALI SAARI KENDRA JAIN MANDIR ROAD
                                 (MADHYA PRADESH)

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

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

This petition has been filed by the petitioner against the impugned order dated 10.05.2023 (Annexure P/4) passed in Execution Case No.47/2017 by the

Executing Court i.e. 4th Additional District Judge, Bhopal, District-Bhopal.

2. Learned counsel for the petitioner contends that a judgment and decree is being sought to be executed by the Executing Court. During pendency of execution proceedings, the petitioner/judgment debtor moved an application under Section 151 of C.P.C. and raised an objection as regards the execution of decree. It was the objection by the present petitioner/judgment debtor that the certified copy of the decree was required to be presented for the purposes of the execution and secondly, the execution case being barred by limitation was not maintainable. The said objection in the form of an application under Section 151 of C.P.C. preferred by the petitioner/judgment debtor has been turned down by the Court below. Counsel for the petitioner/judgement debtor further contends that the said objection has not been appreciated by the Executing Court properly and therefore, the impugned order deserves to be set aside inasmuch as, the execution case is not maintainable having been barred by limitation. In support of his contention, counsel for the petitioner has placed reliance on the decision of Kerala High Court in CRP.No.1222/2003 (C) (Neela Signature Not Verified Signed by: SAVITRI PATEL Signing time: 6/15/2023 11:53:25 AM

Chinna and Others vs. Gangadharan Pillai and Others).

3. No other point is pressed by the counsel for the petitioner.

4. Heard the submission advanced on behalf of the petitioner.

5. A perusal of the record reflects that a decree dated 01.05.1995 was delivered against the present petitioner/judgment debtor and the same was assailed by the present petitioner/judgment debtor by filing a First Appeal before this Court. The said First Appeal was dismissed on 30.11.2012 and after disposal of the First Appeal, the execution case was filed and the same has been entertained by the Executing Court.

6. A perusal of the findings as arrived at by the Executing Court in the impugned order, reflects that the certified copy of the decree is already available on the record and after disposal of the First Appeal by this Court, the execution proceedings were initiated and the Executing Court has rightly concluded that there is no delay in filing of the execution case and therefore, the same is not time barred.

7. In view of the aforesaid, this Court does not find any infirmity or perversity in the impugned order dated 10.05.2023 (Annexure P/4) passed by

the 4th Additional District Judge, Bhopal, District-Bhopal.

8. Accordingly, the present petition stands dismissed. No order as to costs.

(MANINDER S. BHATTI) JUDGE sp

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 6/15/2023 11:53:25 AM