Citation : 2022 Latest Caselaw 5981 Tel
Judgement Date : 17 November, 2022
HON'BLE SRI JUSTICE K.SURENDER
CIVIL REVISION PETITION No.799 OF 2022
ORDER:
1. The revision petitioner is the judgment debtor, aggrieved
by the orders dated 26.03.2021 in E.P.No.21 of 2011 in
O.S.No.156 of 2006 passed by the Junior Civil Judge,
Huzurnagar allowing the prayer to vacate the judgment debtor
from the petition schedule house and deliver the same, filed
the revision petition.
2. The main contention of the learned counsel for the
petitioner is that he was not given an opportunity of being
heard and the said impugned orders were passed in the
chambers without hearing the petitioner herein.
3. Admittedly, Execution Petition was filed in the year 2011
and has undergone several adjournments till the orders were
passed on 26.03.2021. It is not disputed that a counter was
also filed in the EP on 19.11.2015, four years after the EP was
filed. The argument that no opportunity was given to the
petitioner of being heard is not tenable. Written counter was
considered by the trial Court while disposing off the EP.
4. In view of above, I find no merits in the revision petition
and accordingly, the same is dismissed. There shall be no
order as to costs. As a sequel thereto, miscellaneous
applications, if any, shall stand dismissed.
__________________ K.SURENDER, J Date: 17.11.2022 kvs
HON'BLE SRI JUSTICE K.SURENDER CIVIL REVISION PETITION No.799 OF 2022
Date: 17.11.2022.
kvs
HON'BLE SRI JUSTICE K.SURENDER CIVIL REVISION PETITION No.2044 OF 2022
Date: .11.2022
kvs
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