Manipur High Court
Vinod Kumar Sharma & Anr vs Radha Krishna & 6 Ors on 27 May, 2025
1
JOHN Digitally signed by
JOHN TELEN KOM
TELEN KOM Date: 2025.05.28
10:05:26 +05'30'
clubbed with
MC(CRP(CRP Art.227) No.39 of 2025
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP(C.R.P Art.227) No.29 of 2025
Vinod Kumar Sharma & Anr.
Petitioners
Vs.
Radha Krishna & 6 Ors.
Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR
(O R D E R)
27.05.2025
Learned counsel namely, Mr. A. Golly for the petitioners/applicants is
present before the Court physically and securing the service of senior counsel
namely, Mr. N. Ibotombi, the same is taken on record.
Whereas the proceeding in CRP(C.R.P Art.227) No.29 of 2025 has
been initiated by the petitioners keeping in view the Article under 227 of the
Constitution of India thereby challenging the impugned order rendered by the Civil
Judge, Senior Division, at Imphal West Manipur in Execution Case No.9 of 2012(17
of 2013/48 of 2017) dated 14.05.2025. However, in the aforesaid proceedings are
concerned, it is deemed appropriate to issue notice against the respondents to
participate in the proceeding and the aforesaid proceeding has been connected
with proceeding in MC(CRP(CRP Art.227) No.39 of 2025 whereby in that proceeding
seeking some sort of stay of the impugned order rendered by the Civil Judge, Senior
Division, at Imphal West Manipur in Execution Case No.9 of 2012(17 of 2013/48 of
2017) dated 14.05.2025. However, keeping in view the submission made by
learned senior counsel for the petitioners in this matter as well as the reasons
stated in the stay application and the said application is accompanied with the
affidavits and the affidavits are consisting in para Nos. 1 to 9 wherein it has the
affidavits, has been accompanied with an application seeking some sort of stay of
the impugned order dated 14.05.2025 rendered by the Civil Judge, Senior Division,
at Imphal West Manipur in Execution Case No.9 of 2012(17 of 2013/48 of 2017).
Whereas, the learned senior counsel for the petitioners/applicants
further submitting that without at all considering the written objection dated
03.04.2014 of the petitioners herein and thereby the impugned order has been
rendered by the aforesaid court in Execution Case No.9 of 2012(17 of 2013/48 of
2017) dated 14.05.2025 but the petitioners are the LRs of the deceased person
namely, Mr. Purnananda Sharma and the impugned order dated 14.05.2025 has
been rendered by the Civil Judge, Senior Division, at Imphal West Manipur by
directing the Bailiff to evict the judgment debtor from the suit land(Schedule B
Land) by demolishing all the structures standing thereon and hand over the
possession to respondent No.1/decree holder. Further directed that evict
proceeding is to be completed within a period of 60(sixty) days from the date of
the said order.
However, keeping in view the submission made by the learned senior
counsel for the applicants whereby the stay application are consisting in several
paragraphs of the affidavit thereby, it is deemed appropriate for passing suitable
order keeping view the scope of Section 151 of the Code of Civil Procedure that
there is no limit to exercise the inherent power, either effecting or affecting any
orders under this code, that is the first limb of the said provision of law, the second
limb of the said provision of law relating to preventing the abuse of process of law,
whereas the third limb of the said provision of law is seeking for securing the ends
of justice.
Therefore, keeping in view the reasons stated in the affidavit
accompanying the stay application and for seeking for some sort of stay as well as
keeping in view the provision under Section 151 of the CPC, it is deemed
appropriate that the proceeding in MC(CRP(CRP Art.227) No.39 of 2025 be
considered in the interest of justice. Accordingly, the impugned order darted
14.05.2025 passed in Execution Case No.9 of 2012 (17 of 2013/48 of 2017) is
hereby stayed till the next date of hearing.
List these matters on 05.06.2025.
In the meanwhile, the learned counsel appearing for the parties are
directed to submit the status report of Execution proceedings. However, it is also
deemed appropriate to issue notice against all the respondents, accordingly issue
process.
CHIEF JUSTICE
John Kom
