Subhash Kasera vs Ranjeet
2024 Latest Caselaw 21516 MP

Madhya Pradesh High Court

Subhash Kasera vs Ranjeet on 7 August, 2024

                                                               1                            MP-4135-2021
                              IN        THE    HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                           HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                   ON THE 7 th OF AUGUST, 2024
                                                  MISC. PETITION No. 4135 of 2021
                                                         SUBHASH KASERA
                                                              Versus
                                                            RANJEET
                           Appearance:
                                   Shri Sandeep Dangi appearing on behalf of Shri Jagdish Chand Dangi,

                           learned counsel for the petitioner.
                                   Shri Vishwas Daima, learned counsel for the respondent.

                                                                 ORDER

1. This misc. petition under Article 227 of the Constitution of India is preferred challenging the order dated 24.03.2021 (Annexure P/1) in execution proceedings No.36-B/1998 by Sixth Civil Judge, Class-I , Ujjain whereby the application Annxeure P/5 and claim for recovery of the decretal amount mentioned in Annexure P/6 has been rejected.

2. Facts in rbief are that in a recovery suit filed through plaint

(Annexure P/2) in Civil Suit NO.36-B/1998 dated 12.05.2000 (Annexure P/3) decree was passed in the favour of the petitioner. Petitioner/decree holder filed an application of execution Annexure P/4 in which execution proceedings were initiated. Annexure P/5 was filed to proceed under Section 406 of the IPC against the judgment debtor and calculation sheet of due amount was submitted to recover Rs.18,000/-.

2 MP-4135-2021

3. Trial Court rejected Annexure P/5 and also rejected Ex.P-6 on the ground that he has not submitted the details of claimed amount at any stage including the warrant of attachment. Accordingly, claim amount is deemed as waived and closed the execution proceedings recording the finding that judgment debtor has paid a total of Rs.18,0000/- on 10.03.2021.

4. From the copy of proceedings filed by the petitioner/decree holder it transpires that petitioner filed an application Annexure P/4 claiming an amount of Rs.17,969/- ,the relief column is reproduced below :-

ड दार को ड धन पए 17,969 म न ु के वसूली वारं ट जार कर उसक चल व अचल स प से वसुलवाया जाव।

5. The above relief column of Ex.P/4 is specific regarding the execution and accordingly, the amount has been paid.

6. The Execution Court has also recorded cogent reasons for not proceeding to lodge an FIR against judgment debtor. Accordingly, no case for interference is made out under Article 227 of the Constitution of India and the same stands dismissed.

(GAJENDRA SINGH) JUDGE

akanksha