Rinku Singh vs Sapan Kumar Kundu
2024 Latest Caselaw 14003 MP

Madhya Pradesh High Court

Rinku Singh vs Sapan Kumar Kundu on 13 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 13 th OF MAY, 2024
                                            MISC. PETITION No. 3273 of 2021

                          BETWEEN:-
                          RINKU SINGH W/O SHRI MANOJ KUMAR SINGH, AGED
                          ABOUT 40 YEARS, OCCUPATION: HOUSE WIFE JAMUDA
                          DISTRICT CHANDAULI U.P. PRESENTLY R/O VILLAGE
                          MEDHOLI P.S. MORWA DISTT. SINGRAULI (MADHYA
                          PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI RAM MILAN SAKET - ADVOCATE)

                          AND
                          1.    SAPAN KUMAR KUNDU S/O LATE SHRI AJEET
                                KUMAR, AGED ABOUT 59 YEARS, VILLAGE
                                KUSUMVIHAR PLOT NO. B-17 POST KOYLANAGAR
                                TOWNSHIP DIST.   DHANBAD       JHARKHAND
                                (JHARKHAND)

                          2.    SHYAMLAL KUNDU S/O LATE SHRI AJEET
                                KUMAR, AGED ABOUT 54 YEARS, OCCUPATION:
                                NOT   MENTION   VILLAGE     KUSUMVIHAR
                                (JHARKHAND)

                          3.    SHARDA GUPTA W/O SHRI ACCHELAL GUPTA,
                                AGED ABOUT 40 YEARS, CIRCUIT HOUSE ROAD,
                                P.S. MORWA, DIST, SINGRAULI (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS


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

This Miscellaneous Petition is filed being aggrieved of order dated

07.09.2021 passed by learned 3rd Additional District Judge, Singrauli,

Headquarter Waidhan in Execution Case No.820/A-6/Appeal-2019-20, Annexure P-6, whereby a prayer was made that the objector Rinku Singh had purchased the land contained in Survey No.346/1/1 measuring 0.020 hectares which was confiscated for execution of the judgment and decree and thereafter obtained mutation in his name on 16.05.2018 and, therefore, a prayer was made that said land be exempted from execution of the decree.

It has come on record that decree was passed on 18.03.2009 and judgment debtor sold land in question on 21.09.2017 to frustrate the purpose of execution of the decree and, therefore, learned Trial Court refused to adjourn the proceedings of the auction and passed impugned order.

When examined on the facts of the case, then there is no illegality in the said order calling for interference, therefore, petition fails and is hereby dismissed.

Order dated 29.10.2021 passed by a Coordinate Bench directing the authorities to not to take any coercive action is hereby vacated.

(VIVEK AGARWAL) JUDGE MTK