The Director Jagriti Vidyapeeth ... vs Anand Kumar Jain
2023 Latest Caselaw 17465 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 18 th OF OCTOBER, 2023
                                              MISC. PETITION No. 6079 of 2023

                           BETWEEN:-
                           THE DIRECTOR JAGRITI VIDYAPEETH BARGHAT
                           THROUGH THE POWER OF ATTORNEY SUNDER SINGH
                           THAKUR S/O SHRI NARAYAN SINGH THAKUR AGED
                           ABOUT 70 YEARS OCCUPATION BUSINESS R/O
                           MALAJKHAND TEHSIL BAIHAR DISTRICT BALAGHAT
                           (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI RAVINDRA KUMAR BISEN - ADVOCATE)

                           AND
                           ANAND KUMAR JAIN S/O SHRI CHHATURBHUJ JAIN,
                           AGED ABOUT 60 YEARS, OCCUPATION: THROUGH THE
                           ATTORNEY HOLDER RAKESH KUMAR JAIN R/O SHRI
                           MULAYAM CHAND JAIN R/O VILALGE MOHGAON
                           DISTRICT BALAGHAT DISTRICT BALAGHAT (MADHYA
                           PRADESH)

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

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

                           following:
                                                               ORDER

Petitioner's contention is that petitioner is a judgment creditor. Execution Case No. 101-A/2008-09 is pending against the respondent and the trial Curt is not executing the judgment and decree dated 15/05/2009.

It is submitted that the appeal which was filed by the respondent before

the court of Ist Additional District Judge to the Court of Additional District Judge, Balaghat which was registered as Civil Appeal No. 9-A/2012 was Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 19-10-2023 10:55:44

dismissed vide judgment dated 3/07/2013. Against the said judgment, Second Appeal bearing S.A. No. 870/2013 was filed before the High Court which too has been dismissed on 11/09/2018 but the trial Court is not taking interest in executing the judgment and decree passed in favour of the petitioner.

Accordingly, this petition can be disposed of with a direction to the learned Civil Judge (Junior Division), Baihar, District Balaghat where Execution Case No. 101-A/2008-09 is pending to decide the Execution Case within a period of ninety days from the date of receipt of certified copy of this order if there is no stay from any superior Court without fail.

In above terms, the petition is disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified Signed by: VAIBHAV YEOLEKAR Signing time: 19-10-2023 10:55:44