Citation : 2023 Latest Caselaw 1142 UK
Judgement Date : 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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