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WPMS/1206/2023
2023 Latest Caselaw 1142 UK

Citation : 2023 Latest Caselaw 1142 UK
Judgement Date : 26 April, 2023

Uttarakhand High Court
WPMS/1206/2023 on 26 April, 2023
                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                        COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      26.04.2023                     WPMS No. 1206 of 2023
                                     Sri Vipin Sanghi, C.J.
                                     1.

Mr. M.S. Bisht, learned counsel for the petitioner.

2. The petitioner has preferred the present Writ

Petition to seek the following reliefs :-

"i) Issue a writ, order or direction in nature of certiorari quashing the impugned order dated 25-03-2023 passed by Civil Judge (Sr. Division) Gopeshwar, Chamoli (contained as Annexure no. 5 to this writ petition).

ii) Issue a writ, order or direction in nature of certiorari quashing the impugned order dated 01-04-2023 passed by Civil Judge (Sr. Division) Gopeshwar, Chamoli (contained as Annexure no. 6 to this writ petition).

iii) Issue a writ, order or direction in the nature of mandamus directing the Court blow i.e. Civil Judge (Sr. Division) Gopeshwar, District Chamoli not to take any coercive steps against the petitioner without deciding the objection under section 47 of CPC."

3. The petitioner is the widow of the judgment-

debtor. She has approached the executing Court on

11.04.2023 stating that she shall make payment of

the decreetal amount within two months. That prayer

of the petitioner is still pending consideration.

4. In response to Court's query, learned counsel

for the petitioner submits that no sale-proclamation

has been issued, and no date for auction has yet been

fixed.

5. Aforesaid being the position, I am not inclined

to interfere with the execution proceedings at this

stage.

6. The Writ Petition is, accordingly, dismissed.

7. Consequently, pending application(s), if any,

also stand disposed of accordingly.

(Vipin Sanghi, C.J.) 26.04.2023 Rahul

 
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