Rajasthan High Court
Ramesh Chand Sharma Son Of Late ... vs Smt. Madhvi Ahluwalia Daughter Of ... on 16 September, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Revision Petition No.16/2019
1. Ramesh Chand Sharma Son Of Late Shri Madhusudan
Sharma, Aged About 80 Years, Resident Of Village
Khairthal, Tehsil Kishangarhbas, District Alwar, Rajasthan
2. Asha Sharma Wife Of Late Shri Sudarshan Sharma,
Daughter Of Late Shri Madhusudan Sharma, Through Her
Power Of Attorney Arun Joshi Son Of Shri N. L. Joshi,
Aged About 48 Years, Resident Of Abhishek Apartments,
Roopvihar Colony, Jaipur
3. Girish Chand Sharma Son Of Shri Madhusudan Sharma,
Aged About 71 Years, Resident Of Village Khairthal, Tehsil
Kishangarhbas, District Alwar, Rajasthan.
4. Rekha Sharma Wife Of Shri Girish Chand Sharma S/o
Madhusudan Sharma, Aged About 69 Years, Resident Of
Village Khairthal, Tehsil Kishangarhbas, District Alwar,
Rajasthan
----proposed judgment debtor/Petitioners
Versus
1. Smt. Madhvi Ahluwalia Daughter Of Late Shri Ramchand
Sharma, Wife Of Atul Ahluwalia, resident of 34, Ushakiran
Building, Carmichael Road, Mumbai-400 026.
.....respondent decree holder execution petitioner
2(a) Vimal Kumar Gupta
2(b) Radheyshyam Gupta
2(c) Sunil Kumar Gupta
2(d) Pradeep Kumar Gupta
sons of Late Shri Sohanlal Gupta, resident of 3-A,
National Library Avenue Alipore, Kolkatta-700027.
2(e) Smt. Krishna Kedia daughter of Late Shri Sohanlal Gupta,
wife of Ravindra Kumar Kedia, Sardar Patel Marg, jaipur,
Rajasthan
2(f) Alka Jain daughter of Sohanlal, wife of Surendra Kumar
Jain, resident of Mansarovar Building 3B-Kemak Street,
Ivth Floor, Kolkata.
3(A) Alok Gupta,
3(B) Anil Gupta
3(c) Anoop Gupta
(2 of 5) [CR-16/2019]
Sons Of Niranjan Lal
3(D) Kamla Devi Gupta Wife Of Niranjan Lal, All Nos.2(a) to
2(b) resident Of Mittal Sadan, Shyamla Nagar Extension,
Guntur City, Andhra Pradesh.
4(a) Ashok Kumar Gupta,
4(b) Indra Kumar Gupta
4(c) Suresh Kumar Gupta
4(d) Pramod Kumar Gupta
Sons Of Late Shri Motilal Gupta,
4(e) Smt. Kapoori Devi Gupta Wife Of Late Shri Motilal Gupta,
Resident Of 3-A, National Library Avenue, Alipore,
Kolkatta
4(f) Smt. Reeta Agarwal Daughter Of Motilal Gupta, Resident
Of J-143, People Cooperative Colony, Kakar Bagh, Patna.
4(g) Smt. Anju Dhanawat Daughter Of Motilal Gupta, Resident
Of M/s Ghewarchand Kamalkumar, Mal Godam, Katak 753
003.
5(A) Brijmohan Gupta Son Of Late Shri Dulichand Gupta,
5(B) Smt. Padma Devi Gupta Wife Of Brijmohan, Resident Of
50, Mills Area, Fazalgunj, Kanpur.
6(a) Kailash Chandra Gupta,
6(b) Vinod Kumar Gupta
6(c) Arun Kumar Gupta
Sons Of Late Shri Shrilal Gupta
6(d) Maya Devi Gupta
6(e) Bimla Devi Loharwala
6(f) Smt. Pushpa Devi Gupta
6(g) Smt. Manjula Devi Gupta
All Nos.5(a) to 5 (g) Resident Of Niharika No.17/1-C,
Airport Road, Kolkatta
7(a) Smt. Asha Devi Gupta,
7(b) Om Prakash Gupta
7(c) Kamal Kumar Gupta
7(d) Prem Kumar Gupta
Residents Of No.15-A, Raja Santosh Road, Kolkatta.
8. Smt. Radha Gupta Wife Of Late Shri Rambabu Gupta,
Resident Of 59B Block-D, New Alipore, Kolkatta.
8(a) Ghanshyam Das Gupta,
(3 of 5) [CR-16/2019]
8(b) Smt. Renu Gupta, Residents 116, Krishna Colony,
Coimbatore-841 005.
9(a) Hari Prasad Gupta
9(b) Smt. Shakuntala Devi Gupta, Residents Of 3-C, National
Library Avneue, Alipore, Kolkatta
10(a) Banwari Lal Gupta,
10(b) Smt. Vidhya Devi Gupta, Both Residents Of B-374,
Friends Colony, New Delhi
11. Smt. Kamla Devi Kaushik, Resident Of C/o Jai Bharat Oil
Mills, Khairthal, District Alwar, Rajasthan
12(a) Anil Kumar Sharma Son Of Late Shri Ratan Lal Sharma,
12(b) Atul Kumar Sharma Son Of Late Shri Ratan Lal Sharma
12(c) Reeta Sharma Wife Of Late Shri Anoop Kumar Sharma
12(d) Arun Kumar Sharma
All Residents Of 9/1, Arya Nagar, Nawabgunj Road,
Kanpur
13. Smt. Asha Sharma Wife Of Late Shri Ramchander
Sharma, Resident Of 34, Usha Kiran Building, Karmichal
Road, Mumbai
14. Vijay Kumar Sharma, Resident Of 83-A, Anita Building,
8Th Floor, Mount Pleasant Road, Malabar Hills, Mumbai-5.
15.(a) Diwakar Jai Sharma
15.(b) Gautam Jai Sharma
15.(c) Vikram Jai Sharma
Sons Of Late Shri Hari Prasad Sharma
15.(d) Smt. Shanti Devi Wife Of Late Shri Hari Prasad Sharma
Residents Of 1319, Ward No.11, Matoor Road, Khairthal,
District Alwar.
16.(a) Smt. Aruna Devi Sharma Wife Of Late Shri Rajkumar
Sharma, Resident Of Gurgchaka, Post Nangal Saliya,
District Alwar (Raj.)
16.(b) Prashant Sharma Son Of Late Shri Rajkumar Sharma,
Resident Of Gurgchaka, Post Nangal Saliya, District Alwar
(Raj.)
16.(c) Shipra Sharma Daughter Of Late Shri Rajkumar Sharma,
Resident Of House No. 223, Pratap Nagar Housing
Society, Vashishtha Nagar, Jaipur (Raj.)
(4 of 5) [CR-16/2019]
17.(a) Smt. Sushila Sharma Wife Of Late Shri Sushil Kumar
Sharma
17.(b) Sharad Sharma Son Of Late Shri Sushil Kumar Sharma,
Resident Of Flat No. 101, Tower No. 111, Sector-55,
Gurgaon, Haryana.
18. Sunil Kumar Sharma Son Of Late Shri Shiv Narayan
Sharma, Resident Of D-229, Tulsi Marg, Bani Park,
Jaipur(Raj.)
19. Smt. Sumeera Sharma Daughter Of Late Shri Sushil
Kumar Sharma, Resident Of 1, Randheer Lane, Karnal,
Haryana.
----Respondents
For Petitioner(s) : Mr. Manoj Kumar Bhardwaj
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/09/2022
1. Petitioners, by way of instant revision petition filed under Section
115 CPC, want to assail the enquiry report dated 30.11.2018 passed by
Additional District Judge No.2, Kishangarhbas, District Alwar (Raj.) in
Execution Case No.64/2018 (19/2016) conducted in furtherance of
order dated 30.10.2017 passed with consent of the parties in S.B. Civil
Writ Petition No.8258/2017.
2. It appears that execution petition is pending before the Court of
Additional District Judge, No.2 Kishangarhbas Alwar in relation to
execution of one arbitration award dated 29.06.1976 and wherein
attachment order dated 04.02.2017 (Annexure-12) was passed and the
same was assailed by way of filing S.B. Civil Writ Petition No.8258/2017
before this Court.
3. In the writ petition, the order of attachment dated 04.02.2017
was modified vide order dated 30.10.2017 with consent of both parties
and enquiry was contemplated by the executing court to ascertain as to
(5 of 5) [CR-16/2019]
whether the lands of Khasra Nos.2329, 2330, 2331, 2338, 2332, 2333,
2335, 2303, 2320, 2345, 2314, 2344, 2343, 2359, 2337 and 2339
situate at Chaknasrabad near Khairthal Tehsil Kishangarhbas and
Khasra Nos.388, 389 and 397 situate at Dantla Mandi, Tehsil Mundawar,
District Alwar form part of the executable decree.
4. In furtherance to the order dated 30.10.2017 which was passed
on the agreed terms of the parties, enquiry was conducted and final
report of enquiry dated 30.11.2018 has been given. It is that enquiry
report dated 30.11.2018 which has been sought to be challenged by
petitioners in the present revision petition within the scope of Section
115 CPC.
5. This Court is of considered opinion that the enquiry report dated
30.11.2018 which has been impugned in the revision petition is not
subject matter of any order passed by the executing court but it is
merely an enquiry report conducted by the executing court in
furtherance to the order dated 30.10.2017 passed on the basis of
consent of counsel for both parties. If petitioners are aggrieved in any
manner with the inquiry report, they are free to assail the same before
the Court concerned or any other appropriate forum of law but may not
invoke the jurisdiction of High Court under Section 115 CPC. The
enquiry report dated 30.11.2018, does not fall within the purview of
"any case which has been decided by any court sub-ordinate to such
High Court" regarding which powers under Section 115 of the CPC are
exercised and therefore, petitioners cannot challenge the enquiry report
by way of invoking the scope of Section 115 CPC before the High Court.
6. Consequently, the revision petition is dismissed with aforesaid
observations.
7. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
SAURABH/4
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