WPMS/818/2023
2023 Latest Caselaw 775 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                 WRIT PETITION (M/S) NO. 818 OF 2023

                             22ND MARCH, 2023

Between:

Mahendra Pal                                 ......          Petitioner

and

Vinay Pratap Singh                           ......         Respondents


Counsel for the petitioner         :   Mr. Rajeev Bhatt, learned counsel

Counsel for the respondent         :   --


The Court made the following:

JUDGMENT:

The petitioner has preferred the present petition,

under Article 227 of the Constitution of India, to assail the

order dated 23.01.2023, passed by learned District Judge,

Udham Singh Nagar, in S.C.C. Execution Case No. 11 of

2020, titled 'Vinay Pratap Singh Vs Mahendra Pal, on the

ground that the executing court has not issued notice to the

petitioner / judgment debtor in the execution proceedings,

even though the same was preferred three years after the

passing of the decree for possession dated 10.11.2017.

2) The petitioner / judgment debtor has placed

before this Court the order-sheets in the execution

proceedings, which show that repeatedly efforts were made

to serve the petitioner, but, as per the service report, the

petitioner was not served. Pertinently, the petitioner /

judgment debtor is residing at the property which is to be

recovered in execution. It is clear to me that the petitioner

was evading service. There is absolutely no explanation - as

to how the petitioner has suddenly become aware of the

impugned order passed by the executing court, whereby

warrants of possession have been issued against the

petitioner / judgment debtor, returnable on 27.02.2023.

Thereafter, orders have been issued on 27.02.2023 for grant

of police force. The proceedings are now fixed on

05.04.2023 before the executing court for reporting

execution of the decree.

3) In the aforesaid circumstances, it cannot be said

that there is non-compliance of the provisions of Order 21

Rule 22 CPC by the executing court.

4) There is no merit in the petition. The same is,

accordingly, dismissed.

________________ VIPIN SANGHI, C.J.

Dt: 22nd MARCH, 2023 Negi